ORIENTAL INSURANCE CO LTD Vs. BANU BEGUM

JUDGEMENT

(1.) Appeal No. 219 of 2003 has been preferred by the opposite party Oriental Insurance Co. Ltd. against the judgment and award dated 21.5.2003 passed by Motor Accidents Claims Tribunal/Additional District Judge, Haldwani, District Nainital in Motor Accident Claim Case No. 68 of 2002, by which the claim petition filed by the claimant has been allowed for compensation of Rs. 95,000. It has further been ordered that the amount of compensation shall be paid by insurance company, opposite party No. 1, within a period of one month from the date of order, failing which claimant shall also be entitled to get interest at the rate of 9 per cent per annum from the date of application till the date of payment, whereas Appeal No. 242 of 2003 has been preferred by the claimant appellant against the same judgment and award for enhancement of the amount of award.

(2.) Brief facts giving rise to this appeal are that the deceased Mohd. Idrees, husband of the claimant was in the employment with Sewa Singh and was welder in the workshop owned by Sewa Singh. On 10.2.2002 at 5 p.m. the deceased was doing repair work in tanker No. UP 08-1356. During the course of employment when the deceased was doing repair work, all of a sudden the said tanker exploded and due to explosion deceased Mohd. Idrees died on the spot after sustaining injuries. At the time of his death Mohd. Idrees was 30 years old and was getting Rs. 4,200 per month as salary. Opposite party Nos. 1 and 2, insurance company and the owner of the said vehicle (tanker) No. UP 08-1356 respectively contested the claim petition before the Tribunal and necessary issues were framed by the learned Tribunal on the pleadings of the parties.

(3.) We have heard the learned counsel for the parties.