UNITED INDIA INSURANCE CO LTD Vs. SANTRO DEVI

JUDGEMENT

(1.) Leave granted.

(2.) One Atma Ram Sharma was the owner of a truck bearing registration No.HIN-4737. It was hypothecated to a Bank. Atma Ram Sharma died sometime in 1991. The said vehicle was insured with the appellant. Renewal of the contract of insurance, however, used to be done by the Bank. Despite the death of the said Atma Ram Sharma, no step was taken either by the Bank or by his heirs and legal representatives to get the registration of the vehicle transferred in their names. The insurance policy also continued to be renewed in the name of Atma Ram Sharma.

(3.) The said vehicle met with an accident while being driven by Shri Chhater Singh on 15.9.1994 in which he died. The legal heirs and representatives of the said Chhater Singh filed an application for grant of compensation under Section 4 of the Workmen's Compensation Act, 1923 against the widow of the deceased Atma Ram Sharma as also the appellant- Insurance Company claiming a sum of Rs.1,22,400/-.