MURAHI DEVI Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) Victim was a driver driving vehicle no.NL-05/A-8283 belonged to one Sangeet Kumar Mishra, the respondent no.2 above named. He died in the accident on February 10, 2000 at the age of thirty-seven years while driving the said vehicle. He was drawing a salary of rupees three thousand five hundred per month. The Insurance Company contested the claim by filing written statement. According to them, the policy of insurance did not conclusively prove that the vehicle had been insured. The chesis and engine numbers were mentioned, however vehicle number was not given and in absence of Blue Book, chesis and engine number could not be tallied. Moreover there had been interpolation on the policy of insurance that raised doubt and suspicion. The Tribunal rejected such contention and held the claim application maintainable. The Tribunal awarded rupees one lakh ninety-two thousand one hundred and forty as lumpsum compensation. The Tribunal held the owner being the employer primarily and solely liable to pay the compensation.

(2.) The owner accepted the decision and did not prefer any appeal. So was the Insurance Company. The claimants however were not happy with the award. The claimants filed the appeal on the ground that the insurance policy did cover the vehicle in question and the Insurance Company was liable to pay the compensation. The claimants were also uphappy as the Tribunal did not award any interest.

(3.) We have heard Mr. Krishanu Banik, learned counsel appearing for the appellant and Mr. Parimal Pahari, learned counsel appearing for the Insurance Company.