JUDGMENT

P. Sathasivam, J. —

1.Leave granted.

2.Questioning the orders of the High Court of Uttaranchal at Nainital dated 24.08.2004 in A.O. No. 436 of 2001 and dated 27.10.2005 in R.A. No.8 of 2005, New India Assurance Company Ltd. through its Regional Manager, New Delhi has filed the above appeal.

3.Brief facts are as follows :

“Smt. Kendra Devi, respondent No.1 herein, filed Claim Petition - M.A.C. No.4 of 1994, before the Motor Accident Claims Tribunal, Uttarkashi, claiming compensation of Rs.4,67,000/- on account of death of her husband in a motor vehicle accident. According to respondent No.1 herein, her husband, Prakash Singh Parmar, was the owner and driver of Taxi No. UMX 491. On 10.11.1993 while her husband was going from Matali to Uttarkashi, he lost control over the vehicle and met with an accident due to which the vehicle rolled into the river Bhagirathi near Barrthi. Her husband sustained fatal injuries in the accident and succumbed to the injuries at the spot. According to respondent No.1, at the time of the accident her husband was earning Rs.3000/- per month.”

4.Before the Tribunal, the appellant, New India Assurance Co. Ltd. contended that the vehicle was insured only f