NEW INDIA ASSURANCE CO LTD Vs. DAULAT RAM

JUDGEMENT

(1.) Appellant is aggrieved from the order passed by District Forum, Shimla, in Complaint No. 1133/1999, decided on 16.1.2007. By means of impugned order appellant has been directed to pay sum of Rs. 2 lacs along with interest @ 9% per annum from the date of filing of the complaint, i.e. 12th Nov., 1999 till realisation. Litigation cost has been quantified at Rs. 3,000. This amount will be payable to respondent Nos.1 and 2 by the appellant within 45 days from the receipt of copy of order.

(2.) Facts have been noted in detail in the impugned order, as such we are not repeating those, save and except which are necessary for the disposal of this appeal. Deceased was one of the pillion riders on scooter that was being admittedly driven by one Khem Raj. It met with an accident on 30.1.1998 at Kingal Basantpur Road and he died on the same day. He being one of the person insured under valid policy of insurance issued by the appellants covering number of workmen of the HP PWD, is again not in dispute. As such in our opinion the sole question to be examined on the basis of submissions made by Mr. Sharma learned Counsel for the appellant is, that as to whether the appellant is liable for payment of compensation as ordered by the District Forum below or not.

(3.) While advancing the case of appellant Mr. Sharma learned Counsel submitted that in the medico legal report of deceased Khem Raj alcohol was found 74.8 Mg in blood and 132.3 Mg in urine, therefore he was under the influence of intoxicating liquor within the proviso 4 of Annexure R-l which has been reproduced in the order of the District Forum. Claim was repudiated by the appellant for violation of this proviso as on the basis of this proviso appellant-Insurance Company is not liable for payment of any compensation.