The New India Assurance Co. Ltd. . vs Smt. Hemlata And 3 Others
2013 Latest Caselaw 3417 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1665 of 2013
 

 
Appellant :- The New India Assurance Co. Ltd. .
 
Respondent :- Smt. Hemlata And 3 Others
 
Counsel for Appellant :- Arun Kumar Shukla
 

 
Hon'ble Rajes Kumar,J.

The appellant is the insurer of Three Wheeler, bearing registration no. U.P. 14 R-7120.

It was the case of the claimants that deceased Naresh Kumar was the driver of the said vehicle and died in the accident during the course of employment.

Learned counsel for the appellant submitted that the claimants were not able to prove that Naresh Kumar was the driver of the said vehicle inasmuch as no driving licence has been filed, secondly, no FIR has been lodged. There is also no postmortem report. A fabricated story has been made out with the collusion of the owner of the vehicle to get the compensation. He further submitted that the claim petition has been filed after two years from the date of the accident and was kept pending for a long period due to the negligence of the claimants, thus, the interest awarded from the date of the accident is not justified.

Admit.

Issue notice. The appellant may take steps to serve the respondents by registered post.

The entire amount has already been deposited. Until further order, out of the amount deposited, the claimants shall be entitled to withdraw Rs.2,00,000/- on furnishing of security other than cash or bank guarantee. The balance amount shall be kept in a fixed deposit scheme in a Nationalized bank yielding maximum interest.

Order Date :- 1.7.2013

OP