NEW INDIA ASSURANCE COMPANY LIMITED Vs. SUMAN NAINWAL

JUDGEMENT

(1.) Both these appeals have arisen out of the judgments, which have been rendered by the Tribunal while dealing with the same accident from the same vehicle, hence are being taken up together for adjudication.

(2.) In brief, the facts are that Mr. Govind Prasad was travelling from Haldwani to Berinag from his own Alto car bearing no. UK05-6667 on 9.12.2012 at 5.25 PM. Mr. Prasad himself was driving the vehicle. His wife Smt. Suman Nainwal was travelling in it as a co-passenger. Unfortunately, the car skidded from the road and fell down in a deep gorge. Consequently, Mr. Govind Prasad died and Smt. Suman Nainwal suffered injuries. Car was insured with the New India Assurance Company when the accident had occurred.

(3.) Macp N0. 10/2013 was launched by Smt. Suman Nainwal along with her two children against the insurance company claiming compensation to the tune of Rs. 30,85,000/-, but the learned Tribunal has accepted the petition for the amount of Rs. 45,85,272/-.