NEW INDIA ASSURANCE CO LTD Vs. HARPAL SINGH
LAWS(DLH)-2013-9-85
HIGH COURT OF DELHI
Decided on
September 06,2013
NEW INDIA ASSURANCE CO LTD
Appellant
VERSUS
HARPAL SINGH
Respondents
Referred Judgements :-
SKANDIA INSURANCE COMPANY LIMITED VS. KOKILABEN CHANDRAVADAN [REFERRED TO]SOHAN LAL PASSI VS. P SESH REDDY [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LIMITED VS. SATPAL SINGH [REFERRED TO]
NEW INDIA ASSURANCE CO SHIMLA VS. KAMLA [REFERRED TO]
NEW INDIA ASSURANCE COMPANY LIMITED VS. ASHA RANI [REFERRED TO]
UNITED INDIA INSURANCE COMPANY LIMITED VS. LEHRU [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. SWARAN SINGH [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. KUSUM RAI [REFERRED TO]
ISHWAR CHANDRA VS. ORIENTAL INSURANCE CO LTD [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. ANJANA SHYAM [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. CHOLLETI BHARATAMMA [REFERRED TO]
PREMKUMARI VS. PRAHLAD DEV [REFERRED TO]
NATIONAL INSURANCE CO LTD VS. VIDHYADHAR MAHARIWALA [REFERRED TO]
SARLA VERMA VS. DELHI TRANSPORT CORPORATION [REFERRED TO]
UNION OF INDIA VS. S K KAPOOR [REFERRED TO]
SANTOSH DEVI VS. NATIONAL INSURANCE CO LTD [REFERRED TO]
RESHMA KUMARI VS. MADAN MOHAN [REFERRED TO]
RAJESH VS. RAJBIR SINGH [REFERRED TO]
JUDGEMENT
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(1.)These four Appeals relate to a motor vehicle accident which took place on the night intervening 11-12.09.2005. Five separate Claim Petitions were preferred by the victims/legal representatives of the deceased claiming various amounts of compensation. The accident resulted in death of the two occupants and injuries to three who were travelling in a tempo No.UP-12K-5797. The compensation awarded in respect of three injury cases has been paid by the New India Assurance Company Limited (the Insurance Company) whereas two appeals (MAC APP.138/2011 and MAC APP.143/2011) have been preferred by the Insurance Company challenging its liability and the quantum of compensation. Other two appeals (MAC APP.744/2011 and MAC APP.30/2012) have been preferred by the legal representatives of the deceased Naresh (son of Kashmira) and Naresh Kumar @ Setu (son of Harpal Singh).
(2.)In the Claim Petition (relating to MAC APP.30/2012) preferred by Harpal Singh father of the deceased Naresh Kumar @ Setu, the Appellant Harpal Singh has claimed that his son Naresh Kumar @ Setu, aged 18 years was travelling in tempo No.UP-12K-5797 as owner of the goods (guava) which were being transported to Keshav Puram for the purpose of sale. His son was earning Rs. 4500/- per month from the business of selling guava.
(3.)Similarly, in the Claim Petition (MAC APP.744/2011) filed by Smt. Satto Devi she claimed that her son Naresh Kumar aged 21 years was travelling in the earlier said tempo as representative of the owner of the goods and that he was getting a salary of Rs. 3300/- per month from the owner Ajay Pal.
(2.)In the Claim Petition (relating to MAC APP.30/2012) preferred by Harpal Singh father of the deceased Naresh Kumar @ Setu, the Appellant Harpal Singh has claimed that his son Naresh Kumar @ Setu, aged 18 years was travelling in tempo No.UP-12K-5797 as owner of the goods (guava) which were being transported to Keshav Puram for the purpose of sale. His son was earning Rs. 4500/- per month from the business of selling guava.
(3.)Similarly, in the Claim Petition (MAC APP.744/2011) filed by Smt. Satto Devi she claimed that her son Naresh Kumar aged 21 years was travelling in the earlier said tempo as representative of the owner of the goods and that he was getting a salary of Rs. 3300/- per month from the owner Ajay Pal.
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