UNITED INDIA INSURANCE CO LTD Vs. SARASWATI DEVI CHAMOLI
HIGH COURT OF UTTARAKHAND
UNITED INDIA INSURANCE CO LTD
Saraswati Devi Chamoli
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B.C.KANDPAL, J. -
(1.)BOTH the above appeals have been filed against the judgment and
award dated 24.8.2004, passed by Workmen Compensation
Commissioner/Assistant Labour Commissioner, Garhwal Region, Dehradun in
WCA No. 22/2002 Smt. Saraswati Devi Chamoli & Others Vs. Ram Dayal
Chamoli & another, therefore, wherein the Workmen Compensation
Commissioner awarded an amount of Rs. 2,36,428/ - to the claimants against
the United India Insurance Company Ltd. We are deciding both these
appeals by this common judgment.
For the convenience we are mentioning herein the facts relating
to F.A. No. 393/2004. Opposite party No. 1 - Smt. Saraswati Devi
Chamoli is the wife of late Sri Mathura Prasad Chamoli and on 13.09.2002
filed a petition before the court below for compensation. The owner of
the truck was Mr. Ram Dayal Chamoli. According to the claimant, the
deceased - Mathura Prasad Chamoli was the engaged as driver of truck
bearing registration no. UAO9/4514. On 03.05.2002 the said truck met with
an accident at Rishikesh - Tehri road, due to which the driver of the
truck died at the spot. At the time of the accident, the deceased was
getting Rs. 5000/ - per month. All the claimants were fully dependent on
him therefore, they issued notice on 02.08.2002 for compensation but the
owner of the truck refused the give any compensation. Therefore, the
claimants filed a petition for claiming Rs. 3,84,280/ - as compensation.
All the opposite parties filed their separate written statement denying
the allegation made in the claim petition. Sri Ram Dayal Chamoli who was
the owner of the truck stated in his written statement that at the time
of the accident, the truck was insured with the United India Insurance
Company Ltd., therefore, the compensation is liable to be paid by the
Insurance Company. It has further stated that in this regard on
15.07.2002, the owner of the truck sent a letter to Insurance Company. United India Insurance company Ltd./appellant also filed its
separate written statement. In the written statement it has been stated
that the Insurance Company is liable to pay any compensation only after
final decision of the petition and as per the terms and condition of the
(2.)ON the basis of the pleadings of the parties, the court below framed relevant issue.
The parties led evidence before the Workmen Commissioner in support of their claim. The Commissioner after hearing parties and
perusing the material on record, awarded compensation to the tune of Rs.
2,36,428/ - to be paid by United India Insurance Company.
(3.)FEELING aggrieved, the United India Assurance Company as well as the claimants preferred appeals.
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