LAWS(ALL)-2008-7-203

UNITED INDIA INSURANCE CO LTD Vs. PUSHPA DEVI

Decided On July 21, 2008
UNITED INDIA INSURANCE CO LTD Appellant
V/S
PUSHPA DEVI Respondents

JUDGEMENT

(1.) AMITAVA Lala, J. This is an appeal arising out of judgment and order passed by the District Judge, Mathura on 16m April, 2008.

(2.) THE contention of the insurance company is that the insurance policy is made for the period between 28th June, 2006 and 27th June, 2007. First accident took place on 7lfl February, 2007 when the claim amount was settled on 21st May, 2007 in respect of damage of the vehicle for a sum of Rs. 1,00,000/ -. It appears from the facts and circumstances of this case that the second accident caused on 18th May, 2007 whereunder the deceased died being third party to such vehicle.

(3.) SO far as the quantum is concerned, it has been fixed by the tribunal on the basis of income of Rs. 110/- per day as per oral evidence since the person concerned was doing job of "lohar" i. e. a specialised job. The amount of compen sation was awarded after giving deduction of 1/3, which, according to us, cannot be said to be faulty.