ORIENTAL INSURANCE CO LTD Vs. SUNITA DEVI

JUDGEMENT

(1.) The learned counsel for the appellant at the time of hearing of this appeal urged that admitting all the facts as set out in the claim petition below to be correct, still the impugned award against his client cannot be sustained in any circumstance whatsoever.

(2.) Vehicle bearing registration No.HIB 1947 being insured with the appellant insurance company under a valid insurance policy, is admitted. It met with an accident on 26.4.2000. Jagat Ram was its driver. Deceased Subhash Chand was the husband of respondent No.1, father of respondent Nos.2 and 3 and son of respondent Nos. 4 and 5 respectively, is also another fact on which learned counsel for the parties were not at variance.

(3.) He was travelling in the ill-fated truck at the time when it met with accident on 26.4.2000. As a result of this accident he died. A claim application demanding compensation of Rs.10,00,000 was filed against the present appellant, i.e., insurance company; Gopal Chand, i.e., owner of the ill-fated truck and Jagat Ram, its driver. Accident was caused due to rash and negligent driving on the part of Jagat Ram, driver, as per respondent Nos.1 to 5-claimants.