LAWS(CHH)-2014-1-45

FULBASIYA Vs. RAMNIVAS PODDAR

Decided On January 27, 2014
Fulbasiya Appellant
V/S
Ramnivas Poddar Respondents

JUDGEMENT

(1.) As all the abovementioned three appeals arise out of the same accident dated 21-8-1998, they are disposed of by this common order. M.A. No. 91/2002 has been preferred by the claimants--the widow and two sons of deceased Lakshan aged about 52 years at the relevant time who died in an accident on 21-8-1998. Tribunal after considering the facts and circumstances of the case awarded a sum of Rs. 60,000/- as compensation to the claimants by the award impugned dated 5-12-2001.

(2.) M.A. No. 217/2002 has been preferred by the Insurance Co. assailing the award whereby learned Tribunal has awarded compensation of Rs. 60,000/- in favour of the claimants by fixing the liability of the Insurance Co. According to the Insurance Co., liability cannot be fastened on it as the Development Officer namely, B.L. Khes had issued a fake insurance cover note though he was not competent to do so.

(3.) M.A. No. 251/2002 has also been preferred by the Insurance Co. against the said award whereby injured/respondent No. 1-Kalpana has been awarded a sum of Rs. 20,000/- as compensation.