ORIENTAL INSURANCE CO. LTD. Vs. SALOCHANA SHARMA

JUDGEMENT

(1.) HEARD .

(2.) CASE of Respondent/Complainant is that her husband, Sh. Yashpal Sharma (since deceased) had obtained an Insurance Policy from the Petitioner/Opposite Party, for his Scooter with effect from 24.4.2004 to 23.4.2005 and had paid a premium of Rs. 480/ - for covering personal accident of the owner -driver also for a sum insured of Rs. 1 lac, as provided in compulsory insurance provisions of India Motor Tariff.

(3.) PETITIONER in its written statement denied all the allegations, stating therein that at the time of accident deceased -Yashpal Sharma was standing on the road and was watching the transformer being repaired. Thus, accident was not covered under the ambit of insurance policy. It is further stated, that insurance policy covered only risk involved, while in the process of driving the vehicle or mounting or dismounting from the vehicle and not otherwise.