ORIENTAL INSURANCE CO. LTD. Vs. BHAGWATI SAHU

JUDGEMENT

(1.) Since all the aforementioned four appeals arise out of the same accident which took place on 2.3.2012 causing death of two persons namely Rameshar alias Rameshwar and Toshanlal, they are disposed of by this common order:

(2.) MAC Nos. 566/2013 and 599/2013: In these two appeals, one preferred by the Insurance Company and another by the claimants, the award passed by the Claims Tribunal in Claim Case No. 42/2012 is under challenge. Insurance Company has assailed its liability whereas the claimants have sought enhancement of the compensation awarded by the Claims Tribunal. These two appeals are for the death of Rameshar alias Rameshwar aged about 38 years at the relevant time. As per the pleadings taken in the claim case, when the deceased was going for labour work as usual in the offending vehicle i.e. tractor trolley bearing registration No. CG-05- 8742, 8743, its front wheel got separated and the offending vehicle fell into a pit ultimately resulting in the death of Rameshar alias Rameshwar.

(3.) Claim case was filed by the claimants who happen to be the wife, son, daughter and mother of the deceased claiming a compensation of Rs. 11,59,490/- inter alia pleading that the deceased was working as a labourer and earning Rs. 4000/- per month and that during the Rojgar Guarantee period the income rose to Rs. 5,000/-. It is also pleaded in the claim petition that after the death of Rameshar alias Rameshwar the claimants have turned orphans and are deprived of the supporting hand, and therefore, they are entitled to get adequate compensation.