NEW INDIA ASSURANCE CO LTD v. RAJINDER KAUR AND ORS
FAO/71/2015 · 2025-08-21
Pankaj Jain
body2025
DailyLaw.ai
[ 2025 DAILYLAW 78262 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 78262 (PNJ) · dailylaw.ai ]
Judgment text
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FAO-71-2015 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 260 FAO-71-2015 (O&M) Date of decision : 21.08.2025 New India Assurance Co. Ltd. ...... Appellant versus Rajinder Kaur and others ...... Respondents CORAM : HON'BLE MR. JUSTICE PANKAJ JAIN Present: Mr. Vinod Gupta, Advocate and Mr. Mayank Gupta, Advocate for the appellant. None for respondent No.1. **** PANKAJ JAIN, J. (Oral)
1. Insurance Company is in appeal aggrieved of the order passed by Commissioner, Circle-I, Amritsar under the Employee’s Compensation Act whereby the claimants have been awarded compensation on account of death of deceased Joginder Singh, who died while driving truck bearing No.HR-38-L-0584.
2. Counsel for the appellant submits that despite there being admission made by claimant i.e. widow of the deceased that the appellant was employed as a driver on the truck owned by Jatinder Singh. Issue with respect to employer employee relationship has been answered in favour of the claimants qua truck owned by Gurjit Singh.
3. The argument raised is misconceived and against the record. From the records, it is discernible that the deceased died in an accident while driving truck bearing registration No.HR-38-L-0584. As DINESH KUMAR 2025.08.29 18:17 I attest to the accuracy and integrity of this document
FAO-71-2015 (O&M) per the insurance policy, which has come on record as AW-1/1, the contract of insurance qua truck bearing registration No.HR-38-L-0584 was entered by appellant with Gurjit Singh. The initial version related to death of the deceased in an accident is in form of DDR which itself bears the number of the truck.
4. In view thereof, this Court does not find that the Commissioner can be said to have erred holding insurance company liable to indemnify Gurjit Singh, who is the owner of truck No.HR-38- L-0584 while driving which the deceased lost his life. Finding no substantial question of law involved in the present appeal is involved, the same is ordered to be dismissed.
5. Since the main case has been decided, pending miscellaneous application, if any, shall also stands disposed off.
(PANKAJ JAIN)
JUDGE 21.08.2025
Dinesh Whether speaking/reasoned : Yes Whether Reportable : No DINESH KUMAR 2025.08.29 18:17 I attest to the accuracy and integrity of this document