LAWS(DLH)-2009-7-354

RAMESH KUMAR MAINI Vs. UNITED INSURANCE CO. LTD.

Decided On July 22, 2009
Ramesh Kumar Maini Appellant
V/S
United Insurance Co. Ltd. and Ors. Respondents

JUDGEMENT

(1.) THE appellant has challenged the award of the learned Tribunal whereby compensation of Rs. 6,02,160/ - has been awarded to the claimants.

(2.) THE accident dated 26th April, 2003 resulted in the death of Ram Udgar Yadav. The deceased was survived by his widow, two sons, parents and sister, who filed the claim petition before the learned Tribunal against the driver, owner and Insurance company of the offending vehicle.

(3.) RESPONDENT No. 1 admitted the insurance of the offending vehicle in para 17 of the written statement before the learned Tribunal. Usual defences were taken by respondent No. 1 before the learned Tribunal in their written statement but no specific plea was raised for avoiding the liability on the ground that the accident in question did not occur at a public place.