ZAISHU XIE Vs. ORIENTAL INSURANCE COMPANY LTD

JUDGEMENT

(1.) Mac.App. 802/2011.

(2.) Facts of the case in brief are that on 14.05.2008 at about 11.00 PM, deceased, namely, late Mr.Xie Xiaochao was travelling in Maruti Esteem Car bearing No.DL-1YB-0897 and was coming back to Delhi from Agra. A TATA Truck bearing No.MP-07HB-1587, which was coming on the other side of the road, hit the Maruti Esteem Car by jumping off the divider. The said Truck hit the Car on the right side, wherein the deceased was sitting on the rear seat behind the driver's seat. Consequently, an FIR was lodged at Police Station Sadar, Palwal, Haryana on 14.05.2008. Due to the accident, the deceased named above died at the spot.

(3.) On 13.05.2008, deceased had come to India from China to attend a Seminar organized by the Company alongwith Mr.Xiang Wang, Vice President of the Company and had checked in Hotel Sheraton. Hence, the deceased was residing in India at the time of his death.