UNITED INDIA INSURANCE CO LTD Vs. PAYAL GUPTA

JUDGEMENT

(1.) This judgment will dispose of four appeal Nos. 1162, 1163, 1173 and 1174 of 2006. Appeal Nos. 1162 and 1173 of 2006 are against one and the same judgment and order of the District Forum dated 10.8.2006 passed in complaint No. 529 of 2005 titled, Payal Gupta v. United India Insurance Co. While Appeal Nos. 1163 and 1174 of 2006 are against one and the same judgment and order of the District Forum dated 10.8.2006 passed in complaint No. 528 of 2005 titled Dharam Pal and Others v. United India Insurance Co., facts and judgments are identical. For the sake of convenience, facts are being taken from Appeal No. 1162 of 2006.

(2.) Brief facts are that Baldev Chand was the owner of car bearing No. HR-04-F-0049 and had got the same insured with the Insurance Company comprehensively for the period 28.4.2001 to 27.4.2002. By payment of extra premium the Insurance Company had also undertaken to compensate five unnamed passengers excluding driver for Rs. 1 lac each in case of death occurring due to an accident of the car while the passengers are travelling in the car. As a matter of clarification, it may be observed that the passengers were not only covered in case of death but also covered for bodily injury for which the compensation depended upon the disability resulting from the injury.

(3.) Unfortunately, the car met with an accident on 7.12.2001. Six passengers died which included three minor children. Payal Gupta, minor daughter of Subhash Chand filed a complaint No. 529 on 31.10.2005 before the District Forum that the Insurance Company had refused to compensate her on account of the death of her parents Subhash Chand (father), Pooja Rani @ Neelam Rani (mother), Puneet Kumar (brother) and baby Daize her minor sister. All of them had unfortunately died in the accident which occurred on 7.12.2001 in which the insured car was involved. Shri Dharam Pal had also filed complaint No. 528 on 31.10.2005 before the District Forum alleging that his wife Kanta Rani and minor daughter Nancy died in the same very accident while travelling in the same car. In Payal Gupta s case (complaint No. 529 of 2005) the District Forum has partially allowed the complaint in the following terms :