NEW INDIA ASSURANCE CO LTD Vs. SUNITA DEVI

JUDGEMENT

(1.) When this case was taken up today, learned counsel for the parties submitted that instead of taking up the application for release of amount, keeping in view the limited controversy involved in the matter, this appeal may be finally heard and disposed of.

(2.) Keeping in view this joint prayer, as well as the controversy involved in this appeal, matter was finally heard and is being disposed of.

(3.) Admitted facts of this case are that deceased Prem Chand was employed as a driver with Roop Chand, respondent No. 2 (owner of the vehicle in question). Sunita, respondent No. 1 is Prem Chand's widow, respondent No. 3 is his mother, respondent No. 4 is his brother and respondent Nos. 5 and 6 are his sisters. It was not disputed at the time of hearing that vehicle involved in the accident bearing registration No. HP 07-2061 was owned by Roop Chand and was insured with the appellant insurance company. Prem Chand having died in the accident during the course of his employment with Roop Chand, insured, is another fact that stands duly proved on record, is also not disputed.