LAWS(ALL)-2008-1-67

NEW INDIA ASSURANCE COMPANY LIMITED Vs. PARVATI DEVI

Decided On January 04, 2008
NEW INDIA ASSURANCE COMPANY LIMITED Appellant
V/S
PARVATI DEVI Respondents

JUDGEMENT

(1.) HEARD Shri T. A. Khan, counsel for the appellant and Shri Pooran Singh Rawat, counsel for the respondent no. 1.

(2.) THIS is insurer's appeal.

(3.) A written statement has been filed on behalf of the owner of the Truck in question wherein the accident in question has been admitted. It has been admitted that the deceased died in the accident in question. It has been denied that the ve hicle in question was being driven rashly and negligently. It has also been submit ted that in the said accident, four men have died including driver and cleaner of the truck in question and the report of the said accident was lodged in P. S. Bhatronjkhan. It has been submitted that the truck was also damaged in the said accident and the owner has got the com pensation on account of own damages from the New India Assurance Company Ltd. The Truck in question was insured with the New India Assurance Company Ltd. and the driver was having a valid driv ing license. The insurance company is li able to indemnify the claim.