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THE ORIENTAL INSURANCE COMPANY LTD. versus SMT. ASHA DEVI & OTHERS

High Court of Judicature at Allahabad

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The Oriental Insurance Company Ltd. v. Smt. Asha Devi & Others - FIRST APPEAL FROM ORDER No. 361 of 2006 [2006] RD-AH 3622 (15 February 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Yatindra Singh,J.

Hon'ble R.K.Rastogi,J.

The counsel for the appellant submits that:

1.  The Oriental Insurance Company was only liable for the liability under the Motor Vehicles Act  and not under the Workmen's Compensation Act.

2.   Death occurred not because of accident but because of  heart attack at the time when driver was outside the vehicle.

        Admit on the substantial questions of law mentioned in the memo of appeal.

Issue notice.

Till further orders of the Court, the claimants respondents will be entitled to lift 1/4th of the deposited amount  without any security and the  remaining amount  may be kept in a nationalized bank in the  shape of F.D.R.

Dated:15.2.006

RPP./FAFO.361/06


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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