The New India Assurance Co. Ltd. vs Smt. Shakuntla And Another
2013 Latest Caselaw 3459 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- FIRST APPEAL FROM ORDER No. - 1661 of 2013
 

 
Appellant :- The New India Assurance Co. Ltd.
 
Respondent :- Smt. Shakuntla And Another
 
Counsel for Appellant :- P.K. Sinha
 

 
Hon'ble Rajes Kumar,J.

Learned counsel for the appellant submitted that in the FIR lodged by the brother of the deceased, which is at page 32 of the memorandum of appeal, it is stated that while the deceased was coming to his home on 7.2.2010 he has been hit by the unknown vehicle at 11-45 p.m. In the FIR, there is nothing to suggest that death has been caused in the course of employment. Therefore, the subsequent story made by the claimant is fabricated and afterthought just to take the compensation. He further submitted that under the policy, the contract was to pay the compensation and not the interest, therefore, the Insurance Company is liable to indemnify only to the extent of compensation and not the interest. The interest part is liable to be paid by the employer.

Reliance has been placed on the decision of the Apex Court in the case of New India Assurance Company Ltd. Vs. Harshadbhai Amrutbhai Modhiya and another, reported in 2006 (2) T.A.C. 321 (SC).

Admit.

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

The entire amount has already been deposited. In view of the facts and circumstances, meanwhile, the entire amount shall be kept in a fixed deposit scheme in a Nationalized Bank yielding maximum interest.

Order Date :- 1.7.2013

OP