ORIENTAL INSURANCE CO LTD Vs. GUGAN SINGH

JUDGEMENT

(1.) THE appellant, Oriental Insurance Co. Ltd. , insurer of the offending vehicle has preferred the present appeal challenging the impugned order dated 02. 09. 2006 passed by the learned MACT. The impugned award has arisen out of the claim petition filed by respondent Nos. 1 and 2 against the appellant and respondent nos. 3 and 4, claiming compensation for the death of Shri Jitender.

(2.) BRIEF facts which are necessary for deciding the present appeal inter alia are that respondent Nos. 1 and 2 are the legal heirs of deceased Shri Jitender, who had died on 04. 06. 2004 On 04. 06. 2004 at about 10:00 p. m. the deceased Shri jitender, aged 19 years working as a cleaner in the truck bearing registration no. HR 55 2705 was covering the said truck with tripal when a truck bearing registration no. DL 1g 8821 was reversed by its driver Sh. Hoshiyar Singh in a negligent manner. He did not give any indication while reversing and hit Sh. Jitender and crushed him. From the accident site he was rushed to BJR Hospital, where he died.

(3.) THE Tribunal after taking into consideration the facts of the case as well as evidence led by the parties has passed an award in the sum of Rs. 4,23,548/-along with interest at the rate of 12% per annum payable from the date of the institution of the petition till the realization of the award. The said order passed by the Tribunal is now under challenge in the present appeal.