NATIONAL INSURANCE COMPANY LIMITED Vs. SMT. SUMAN DEVI
LAWS(UTN)-2013-5-78
HIGH COURT OF UTTARAKHAND
Decided on May 13,2013

NATIONAL INSURANCE COMPANY LIMITED Appellant
VERSUS
Smt. Suman Devi Respondents

JUDGEMENT

B.S. Verma, J. - (1.) This appeal, by insurance company, is directed against the judgment and award dated 11.5.2007, passed by MACT/ District Judge, Rudraprayag, in MACT Case No. 53/2006, whereby a sum of Rs. 3,91,000/- has been awarded compensation payable by National Insurance Company along with interest @ 6% per annum.
(2.) Brief facts of the case giving rise to this appeal are that on 1.9.2006 at about 8.00 a.m. deceased Harikishan Singh along with his employer Sri Ravi Suri was coming Rudraprayag from Dhari Devi in Maruti Car No. U.B.P.A. 8655 and when they reached near Narkot P.S. Rudraprayag, the Maruti Car met with accident due to technical defect. Harikishan Singh died at the spot. The deceased was getting Rs. 4,000/- per month salary and Rs. 50/- per day for diet expenses and his monthly income was Rs. 5,500/- out of which he was contributing a sum of Rs. 3,000/- per month on his family. The deceased left behind him his widow, one daughter and two sons.
(3.) The O.P. No.1 National Insurance Company filed the W.S. and denied the averments made in the claim petition. It was alleged that the burden is upon the claimant whether the deceased was employed driver on the offending car or not. It was also alleged that excessive amount towards salary of the deceased has been pleaded.;


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