Sikkim Court March 2011 Judgments

The Branch Manager, New India Assurance Company Ltd. Gangtok Vs. Smt. ...

Court: Sikkim

1. By filing this appeal, the appellant, who is the Branch Manager, New India Assurance Company Limited, Gangtok Office, Gangtok, seeks to assail the judgment of the Motor Accident Claims Tribunal, East and North Sikkim at Gangtok, dated 28-6-2010, in Motor Accident Claims Tribunal Case No.48 of 2008, whereby the claims of the respondents/claimants in respect of the death of the deceased, to the extent of Rs.3,52,700.00 only, was allowed. 2. The short point for consideration in the appeal is that, the deceased being the owner of the vehicle although was driving the vehicle himself was not covered under the Insurance Policy in question. Stated briefly, the facts of the case relevant for its disposal are that the deceased, Bir Bahadur Subba, who was the owner driver of a passenger vehicle, died as a result of an accident of the said vehicle, on 10-10-2003 at about 23.00 hours at a place called Jharey Khola while on its way to Rolep from Rongli. The vehicle had fallen about 150 feet below...