UNITED INDIA INSURANCE CO LTD Vs. ARASAMMA

JUDGEMENT

(1.) The present respondent Nos.1 to 4 in their capacity as plaintiffs, have instituted a suit against the present appellant and present respondent Nos.5 to 8 arraigning them as defendant Nos.1 to 5 in the Court of learned XVI Addl.City Civil & Sessions Judge, Bengaluru City, (CCH-12), (hereinafter for brevity referred to as 'trial Court'), in O.S.No.8819/1996, seeking compensation of a sum of Rs. 1 lakh from the defendants.

(2.) The summary of the case of the plaintiffs in the trial Court was that on 25.4.1991, in the morning, the Sub-Inspector of Gangammanagudi Police Station, directed Sri H.R.Rangahanumaiah, the husband of plaintiff No.1 and father of plaintiff Nos.2, 3 and 4, who was a Police Constable, to work in the house of Assistant Commissioner of police. While the said deceased Rangahanumaiah was working in the house of Assistant Commissioner of Police and while cleaning the roof of the house and while getting down from the roof, fell down and subsequently succumbed to the injuries on 16.1.1992. Claim was made under the Group Insurance Scheme for settlement of an amount of Rs. 1 lakh by submitting a proposal on 23.6.1992 through the 3rd defendant, in whose police station, deceased was said to be working. The deceased was working as a Police Constable at the relevant point of time.

(3.) The trial Court by its impugned judgment and decree dated 12.1.2007, decreed the suit with cost and held the plaintiffs as entitled to get an amount of Rs. 1 lakh from defendant No.4 (appellant herein) with interest thereupon at 8% p.a. from the date of suit till realisation. It is challenging the said judgment and decree, the defendant No.4, which is the Insurance Company, has preferred this appeal.