Shriram General Insurance Co. ... vs Smt. Mithlesh And 4 Ors.
2014 Latest Caselaw 4140 ALL

Citation : 2014 Latest Caselaw 4140 ALL
Judgement Date : 7 August, 2014

Allahabad High Court

Shriram General Insurance Co. ... vs Smt. Mithlesh And 4 Ors. on 7 August, 2014

Bench: Rajes Kumar, Om Prakash-Vii




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 2
 

 
Case :- FIRST APPEAL FROM ORDER No. - 2329 of 2014
 

 
Appellant :- Shriram General Insurance Co. Ltd.
 
Respondent :- Smt. Mithlesh And 4 Ors.
 
Counsel for Appellant :- Rahul Sahai
 

 
Hon'ble Rajes Kumar,J.

Hon'ble Om Prakash-VII,J.

Supplementary affidavit filed today is taken on record.

Heard Sri Aditya Singh, Advocate, holding brief of Sri Rahul Sahai, learned counsel for the appellant.

Learned counsel for the appellant submitted that the claimant failed to prove the relationship of the employer and employee. The date of birth of the deceased mentioned in the driving licence is 1.1.1974 and in the claim petition the age of the deceased was admitted 39 years, while the Commissioner, Workmen's Compensation has taken the age 30 years, which is wholly unjustified. He further submitted that as per the insurance policy, which is annexed with the supplementary affidavit, the liability towards driver was limited upto Rupees two lac and, therefore, the appellant is only liable to indemnify to the extent of Rupees two lac in the case of driver.

The matter requires consideration.

Admit.

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

The entire amount of compensation has already been deposited. Out of the amount deposited, the claimants shall be entitled to withdraw a sum of Rs.2,00,000/- and the balance amount shall be kept in a fixed deposit scheme in a nationalized bank, yielding maximum interest.

Order Date :- 7.8.2014