ORIENTAL INSURANCE CO LTD Vs. SHAKUNTLA DEVI

JUDGEMENT

(1.) This appeal is directed against the order dated 23.10.2007 in Complaint Case No. 230/2007 passed by District Forum, Mandi. While allowing the complaint, appellant has been directed to pay Rs. 1,00,000 to the respondents in the ratio of 2:1:1:1:1. The shares of the minors have been ordered to be invested in fixed deposit co-terminus with the age of their majority. Interest has been allowed @ 9% per annum on the awarded amount from the date of institution i.e. 7.9.2007, along with cost assessed at Rs. 2,000. Hence this appeal.

(2.) We have heard learned Counsel for the parties and have examined the record of the complaint file. By referring to Annexure R-II Mr. Sharma learned Counsel for the appellant pointed out, that the policy in this case was Kisan Credit Card (KCC) Holder Insurance Policy whereby his client had covered the risk in the sum of Rs. 50,000 only. Therefore according to him, even if his complaint is to be allowed, still the impugned order deserves to be modified and he prayed for accordingly. Though he maintained that the impugned order is liable to be set aside on the ground, that deceased was intoxicated and in this behalf he referred to the report of Sh. Dinesh Kumar Gupta, Advocate Mandi, Annexure OP-1 which is at page 40 of the complaint file.

(3.) Both these pleas have been contested and resisted on behalf of the respondents by their learned Counsel.