NEW INDIA ASSURANCE COMPANY LTD Vs. S SUJATHA

JUDGEMENT

(1.) THE insurance company, fastened with the liability to pay compensation to legal representatives of the deceased, has filed the present civil miscellaneous appeal.

(2.) BRIEF facts leading the civil miscellaneous appeal are as follows : The respondents 1 and 2 are wife and minor daughter of the deceased Senthil Kumar, who died in an accident, which took place on 2 January 1997. According to them, the deceased Senthil Kumar was working as a car driver with the third respondent/first opposite party and he was paid Rs. 2,500 as monthly wages, with daily bhatta of Rs. 10 . On 2 January 1997, about 5.15 P.M., when the vehicle bearing Registration No. KLA 9549, owned by the third respondent/first opposite party was driven by the husbsnd of the first respondent, along R R. Bridge, Vasudeva Nallur, Tirunelveli, the car met with an accident and the driver of the vehicle, Senthil Kumar died on the spot. The respondents 1 and 2 have further submitted that the owner of the vehicle, third respondent has insured the above vehicle with the appellant -insurance company at the branch office, situated at Chinnakadu Kollam and the same was valid up to 26 February 1997. The respondents 1 and 2 have further submitted that the deceased died in an accident which took place, arising out of and in the course of the employment with third respondent/ owner of the vehicle. As the owner of the car has insured the vehicle with the appellant -insurance company, both the third respondent and the insurance company are liable to pay compensation. The respondents 1 and 2 nave further submitted that the age of the deceased at the time of accident was 28 years and they have claimed compensation of Rs. 3,00,000 with interest.

(3.) BEFORE the Commissioner for Workmens 's Compensation, the first respondent -wife was examined as C.W. 1 and the driver of the first opposite party/third respondent was examined.as C.W.2. Exhibit C1 -post -mortem certificate, Exhibit C2 -driving licence, Exhibit C3 -insurance policy, Exhibit C4 -legal notice, Exhibits C5 and C6 -acknowledgment cards, Exhibit C7 -reply from the first opposite party and Exhibit C8 -F.I.R., were marked on the side of the claimants/ respondents 1 and 2. The administrative officer of the appellant -insurance company was examined as R.W. 1 and Exhibit R1 -proposal form for motor policy, Exhibit R2 insurance policy, Exhibit R.3 -notice sent to the first opposite party and Exhibit R4 -acknowledgment due were marked on the side of the appellant -insurance company.