HEMLATA SAHU Vs. RAMADHAR

JUDGEMENT

(1.) All the aforesaid three appeals arising out of the same accident, therefore, they are disposed of by this common order.

(2.) On 17.6.1991 the deceased Tularam Sahu, husband of claimant, Hemlata Sahu, who was driving a scooter, was going from Arang to his village Sundi. The non-claimant Ramadhar, who was on a cycle, met with an accident with the scooter as a result of which, the scooterist Tularam fell on the ground and received injuries. He was immediately taken to Primary Health Centre, Arang and thereafter he was shifted to D.K. Hospital, Raipur. It is alleged that during treatment he died. Therefore, a claim petition was filed by his wife, son and daughter claiming compensation to the tune of Rs. 5,02,000.

(3.) The non-claimant Ramadhar has remained ex parte. The scooter was insured with the insurance company and the insurance company contested the claim that the scooter was insured for third party; therefore, the deceased, who died in the said accident, being the owner of the scooter, was not insured by the insurance company. As per the policy of the insurance company, the deceased scooterist was not liable to be compensated by the insurance company.