NEW INDIA ASSURANCE CO LTD Vs. SANDEEP DHAR

JUDGEMENT

(1.) THIS appeal is directed against the award dated 28. 7. 1998 vide which the claim petition filed by the respondent Nos. 1 and 2 (hereinafter called 'the claimants'), has been accepted and a sum of Rs. 1,14,500 has been awarded as compensation passed on account of the death of their mother, Lalita Dhar.

(2.) THE relevant facts for the disposal of this appeal are that Lalita Dhar, mother of claimants was travelling in a Maruti car bearing No. JKE 2753 on 18. 6. 1992 from jammu to Srinagar. The said car was driven by Hira Lal Dhar, respondent No. 3, father of the claimants. It is pleaded that when the car reached at Chanderkot, it went out of control of respondent No. 3 who was driving the same in a rash and negligent manner and fell down into a khud causing the death of Lalita Dhar instantaneously. A case was registered under sections 279/ 337/304-A, R. P. C. , vide F. I. R. No. 72 of 1992 in Police Station, Batote. Claimants being the sons of the deceased, filed the claim petition for compensation amounting to Rs. 7,00,000 by pleading that monthly income of the deceased was Rs. 4,500. It was pleaded that at the time of accident, the vehicle was insured with the appellant insurance company under the policy No. 3135120105765.

(3.) THE appellant filed the objections to the claim petition and took the plea that the insurance company is not liable to pay the compensation as the claim petition has been filed in collusion with Hira Lal Dhar, the respondent No. 3, being father of the claimants and the registered owner of the vehicle, respondent No. 4. The other averments made in the petition were denied. However, it was admitted that the vehicle was insured with the appellant insurance company.