ORIENTAL INSURANCE CO LTD Vs. PUSHPA PANDEY

JUDGEMENT

(1.) BOTH these appeals arise out of the same motor accident, therefore, I am deciding the same by this common judgment. For the sake of convenience, I am narrating the facts of Appeal No. 148 of 2007.

(2.) APPEAL No. 148 of 2007 under Section 30 of the Workmen Compensation Commissioner has been filed by the appellant/The Oriental Insurance Company Ltd. against the judgment and award dated 12.12.2006 passed in W.C.A. No. 09 of 2004, Smt. Pushpa Pandey & others Vs Suresh Chandra Nainwal & another whereby the learned Commissioner awarded a sum of Rs. 2,51,314/ - to the claimants. Another appeal No. 15 of 2007 has been filed by the appellant/owner of the vehicle against the same judgment and award.

(3.) BRIEF facts of the case are that Sri Jai Prakash Pandey (deceased) was engaged as a driver in Bus No. UA12/2483 under the employment of Sri Suresh Chand Nainwal. On 05.11.2003, the deceased was coming from Srinagar to Rishikesh, when he reached at its destination i.e. Rishikesh Depot, the deceased met with an accident due to heart failure. According to the claimant, the deceased used to earn Rs. 3,000/ - per month and the claimant was the wife of the deceased. Hence, she filed the claim petition before the learned Workmen Compensation Commissioner for a sum of Rs. 3,50,000/ - as compensation.