NEW INDIA ASSURANCE CO LTD Vs. VAUKI DEVI
LAWS(DLH)-2013-2-156
HIGH COURT OF DELHI
Decided on February 22,2013

NEW INDIA ASSURANCE CO LTD Appellant
VERSUS
Vauki Devi Respondents


Referred Judgements :-

WALKER V. JOHN MCLEAN AND SONS LTD [REFERRED TO]
NAGAPPA VS. GURUDAYAL SINGH [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. BALJIT KAUR [REFERRED TO]
NATIONAL INSURANCE COMPANY LIMITED VS. BALJIT KAUR [REFERRED TO]
NEW INDIA ASSURANCE CO LTD VS. GOPALI [REFERRED TO]


JUDGEMENT

- (1.)Instant appeal has been filed against the impugned award dated 01.04.2010, whereby appellant has been held responsible to pay compensation amount, consequently, directed to pay said amount in favour of the respondents / claimants.
(2.)The sole ground of challenge in this petition is that the deceased, who had loaded the cement in the offending vehicle, sustained fatal injuries while travelling in the offending vehicle for the delivery of the cement at the place of owner, was not a representative of owner of the goods.
(3.)Ld. Counsel for the appellant has submitted, PW1, son of the deceased admitted that deceased was a labourer. He did not state that the deceased was the owner or representative of the owner of the goods. PW2 Hare Ram has also deposed that deceased had loaded the cement bags on the truck and the truck was to be unloaded by the labourers but did not state the deceased to be the owner or the representative of the owner of the goods.


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