ORIENTAL INSURANCE COMPANY LIMITED Vs. NIRMLA AND ORS.

JUDGEMENT

(1.) This appeal is directed against the order dated 9.4.2007 rendered by the learned Commissioner (SDM) in case No. 7/2005.

(2.) "Key facts" necessary for the adjudication of this appeal are that respondents -claimants No. 1 and 2, namely Nirmala and Master Shishu filed a claim petition against the appellant -Insurance Company and respondent No. 3, Dinesh Kumar. According to the claim petition, Sh. Girja Nand was employed as driver by respondent No. 3, Dinesh Kumar. He was 26 years of age. He was getting Rs. 5000/ - per month as wages. The vehicle met with an accident near Kandaghat resulting in death of Sh. Girja Nand.

(3.) The petition was contested by the appellant as well as owner, Dinesh Kumar. The owner has admitted that the deceased was his driver. He was being paid Rs. 2500/ - per month wages plus Rs. 50/ - as daily expenses. The Mahindra Pick -up was also duly insured with the appellant -Insurance Company. The insurance was valid upto 25.4.2006.