ORIENTAL INSURANCE COMPANY LIMITED Vs. BINDU DEVI & ANOTHER; KAMLA VISHWAKARMA & ANOTHER; BASANTI DEVI & ANOTHER; MANHARI DEVI & ANOTHER; SHURMA DEVI & ANOTHER; REBU DEVI & ANOTHER; KAHURA & ANOTHER

JUDGEMENT

(1.) All these appeals are being taken for adjudication as have arisen out of the same accident, though separate judgment has been passed in each case, but on the same date and for the same cause of action. Matter in controversy is also wholly identical, as has been delved during the course of arguments put forth by learned Counsel for the parties.

(2.) Accident occurred on 2.9.2012 in which as many as 7 labourers lost their life while being engaged in soil excavation, its removal and excavation of stones work at the place, which is situated 2 kilometres ahead from the place called Darbangling within the territorial limits of Police Station Chhana, Dharchula, District Pithoragarh. Suddenly, the boulders followed by abundant silt became fatal to all the deceased, who were under the engagement of Mr. Dalip Singh Adhikari (contractor) and deployed by him in the work under his contract.

(3.) Widows/dependants of the deceased persons filed their respective cases before the Workmen Compensation Commissioner, who vide the impugned judgments dated 5.1.2015 has awarded the compensation ranging from nearly rupees seven lakhs to rupees eight lakhs and odd amount in different cases. However, the authority concerned has fastened the liability on the appellant Oriental Insurance Company Limited to satisfy the awards along with simple interest @ 9 per cent per annum w.e.f. 31.10.2012.