PREM KUMARI Vs. RATTAN KUMAR

JUDGEMENT

(1.) THESE three cases arise out of the same accident. FAO No.623 of 1990 is for claim for compensation of death of a five year old boy where the claimants are the mother and sister. The Tribunal had awarded Rs. 20,000/- as compensation. The mother was herself a claimant in case which is subject matter of appeal in FAO No.624 of 1990. The claimant had injury in hand and nose and the doctor, who gave evidence with reference to MLR recorded the fact that the claimant had one grievous injury and three other injuries. The Tribunal had awarded Rs. 2,000/-. FAO No.579 of 1990 is for death of the claimant's husband, who while driving the scooter had died. He was a Pharmacist in a Government establishment and he was earning Rs. 2073/- per month. The Tribunal had awarded Rs. 2,11,200/- as amount payable but made a partial abatement of 40% by attributing negligence to the deceased.

(2.) THE Insurance Company has itself filed a cross appeal and contended that the policy did not come into effect since the amount paid by way of cheque towards premium was not realized and the cheque had bounced prior to the accident and a notice of dishonour had been issued on the same day on 19.04.1989. Cash was subsequently paid but at that time, they had not known that the accident had taken place. THE policy of insurance was, therefore, repudiated and a notice was sent on 17.08.1989. THE Insurance Company would, therefore, plead that there was no liability on the part of the insurance company to satisfy the claim.

(3.) FAO No.623 of 1990 is allowed on the above terms. If the amount is not paid as directed, it will also carry interest @ 7.5% from the date of this order till the date of payment.