Punjab-Haryana High Court
Oriental Insurance Company Ltd vs Simlo Devi And Ors on 19 February, 2016
Author: K. Kannan
Bench: K. Kannan
986.
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
FAO No.932 of 2010 (O&M)
Date of decision: 19.02.2016
Oriental Insurance Company Limited ... Appellant
versus
Simlo Devi and others .... Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
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Present: Mr. Sanjiv Pabbi, Advocate,
for the appellant.
Mr. Ashwani Kumar Bura, Advocate,
for respondents 5 and 6.
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K.Kannan, J. (Oral)
1. The Insurance Company is in appeal to challenge the award passed by the Tribunal contesting the manner of death of the passenger in the vehicle. The FIR lodged made recitals of the fact of the driver starting the vehicle even before the passengers had not fully alighted. The Insurance Company had a contention to make that the deceased was travelling on the roof of the bus and fell down and suffered fatal injuries. The hospital to which he had been taken had noted down that he was smelling liquor.
2. The Tribunal rejected the contention that he was travelling on the roof of the bus and preferred the version contained in FIR to be statement given through an Investigator who was a SANJEEV KUMAR 2016.03.01 09:33 I attest to the accuracy and integrity of this document FAO No.932 of 2010 (O&M) -2- lawyer. There is nothing inherently wrong about the person taking liquor but the issue is whether he was in such a state which contributed to the accident. There ought to be specific evidence in that regard and I will make no presumption that the person who had consumed liquor was also in a drunken state.
3. The award is sustained and the appeal is dismissed.
(K.KANNAN) JUDGE 19.02.2016 sanjeev SANJEEV KUMAR 2016.03.01 09:33 I attest to the accuracy and integrity of this document