High CourtsDivision Bench(2019) 06 GUJ CK 0041

Bajaj Allianz General Insurance Company Limited vs Alpeshbhai Dineshchandra Darji & 4 Other(s)

Gujarat High Court · Decided on 27 June 2019

HON’BLE JUDGES
R.M.Chhaya, J · B.N. Karia, J
RESULT
Partly Allowed
CASE NUMBER
R/First Appeal No. 2061 Of 2011

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

43 paragraphs · 261 words

Sr. No,Particulars,Exh. No.

1,Disability certificate issued by Dr. Kirit Patel,36

2,"Disability certificate issued by Dr.Mahesh

Trivedi",40

3,Copy of complain,42

4,Panchnama of place of accident,43

5,Xerox copy of driving license of the truck driver,44

6,RC Book of Truck,45

7,Insurance Policy of Truck,46

8,"Xerox copy of driving license of the rickshaw

driver",47

9,RC Book of Rickshaw,48

10,Insurance policy of Rickshaw,49

11,Charge Sheet,50

12,"Injury certificate issued by Civil Hospital, A'bad",51

13,"Treatment certificate issued by Shreyas

Hospital",52

14,"Discharge certificate issued by the Shreyas

Hospital",53

15,Chest report of applicant,54

16,City Scan report of the applicant,55Â​-56

17,"Treatment certificate issued by the Axardeep

Eye Hospit",57Â​-58

18,Certificate issued by Dr. P P Vaishnav,59

19,Disability certificate issued by the Sunil M Shah,60

20,Disability certificate issued by Umesh Goswami,61

21,School Leaving certificate of applicant,62

22,"Certificate of applicant of Diploma in Electric

Engineer",63

23,"Xerox copy of Electrical supervisor permission

in favour of applicant",64

Particulars,"Amount (Rs,)",

Future loss of income,"4,60,800/Â​-",

Medical and treatment expenses,"1,76,000/Â​-",

Pain, Shock and Suffering","20,000/Â​-",

Attendant, Transportation and Diet charges","20,000/Â​-",

Actual loss of income,"12,000/Â​-",

Total compensation,"6,88,800/Â​-",

9.0. The appeal is therefore, partly allowed and the impugned judgment and award is modified. The appellant Insurance Company is exonerated,",,

however the appellant Insurance Company shall first pay the amount as awarded by the Tribunal to the original claimant and the appellant Insurance,,

Company will be entitled to recover the amount of compensation as awarded by the Tribunal from owner and driver of Rickshaw bearing registration,,

no. GJÂ18ÂXÂ5924. However, in facts of this case, there shall be no order as to costs. Record and Proceedings be transmitted back to the learned",,

Tribunal forthwith.,,