NEW INDIA ASSURANCE COMPANY LTD. Vs. SUREKHA

JUDGEMENT

(1.) Claimant Surekha on her behalf as also her minor daughter Ms Prinka and father-in-law Punnu Ram, filed a petition under the provisions of Section 163-A of the Motor Vehicles Act, 1988 (hereinafter referred to as the Act), seeking compensation, as a result of death of her husband Dev Raj. On 29.4.2004, deceased Dev Raj was hit by a vehicle No.HP-38-6630, owned by Nand Lal and Company (respondent No.4 herein) driven by Arjun Singh (respondent No.5 herein).

(2.) Notice in the petition was issued. In reply, the insurer, who has filed the present appeal, raised several objections. Owner of the vehicle admitted occurrence of the accident.

(3.) Based on the pleadings of the parties, the Tribunal framed the following issues: