High CourtsSingle Bench(2011) 04 RAJ CK 0021

Bajaj Allianz General Insurance Co. Ltd. vs Ms. Jyotika and Others

Rajasthan High Court · Decided on 11 April 2011

HON’BLE JUDGES
Gopal Krishan Vyas, J
RESULT
Dismissed
CASE NUMBER
Civil Miscellaneous Appeal No. 1347 of 2010

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Judgment

4 paragraphs · 204 words

Gopal Krishan Vyas, J.—In this appeal filed u/s 173, Motor Vehicles Act, 1988, Appellant Bajaj Allianz General Insurance Company is challenging the Judgment and award dated 13.07.2010, whereby, in the claim petition filed by Respondent-claimant, the Motor Accident Claims Tribunal awarded Rs. 30,200/- as compensation.

2.

After hearing learned Counsel for the Appellant, I have perused the award impugned.Learned Claims Tribunal, Banswara decided two claim petitions bearing MAC Cases No. 440/07 and 507/07. Against the same Judgment passed in Claim Case No. 440/07 filed by Shanker Lal and Smt. Babli, an appeal was filed being S.B. Civil Misc. Appeal No. 111/2010. Said appeal was dismissed vide Judgment dated 10.03.2011 by this Court.

3.

In this case, claimant-Respondent suffered injury in the accident and while adjudicating the claim petition, the Tribunal awarded Rs. 30,200/- as compensation. After perusing the finding arrived at by the Claims Tribunal, I am of the opinion that no error has been committed by the Tribunal because the Respondent-claimant suffered 10.5% permanent disability in the accident and, at the time of accident, she was only 6 years old. In this view of the matter, I see no reason to interfere in the award impugned.

4.

Hence, this appeal is hereby dismissed.