ORIENTAL INSURANCE CO. LTD Vs. PEDRO GAMA

JUDGEMENT

(1.) THESE two appeals arise out of one and the same award dated 30.6.1987 in Claim Petition No. 151 of 1985. We will refer to the parties in First Appeal No. 162 of 1987 by their nomenclature. Respondent Nos. 1 and 2 had instituted the claim petition seeking compensation of an amount of Rs. 4,50,000/ - on the basis that on 3.10.1985, their son, Mariano, who was travelling in a passenger bus bearing registration No. GDS 1826 fell out of the bus and was crushed. Though he was rendered medical assistance in the Medical College Hospital, Mariano died on the 3rd day after the accident. It was their case that Mariano was employed as a casual labourer on wages of Rs. 10/ - per day by the Public Works Department.

(2.) THE claim was opposed and it appears that on behalf of the owner, driver and the insurance company, it was mentioned that deceased Mariano was by the side of the road; that road had been dug up for laying water pipeline; that when the bus came to Pidno -Vorna as a result of the slipping of the soil, the bus fell down, tilted against a coconut tree, as a consequence of which Mariano sustained injuries; that accident was a simple and pure natural accident and, therefore, they are not liable to pay any compensation to the father and mother of deceased Mariano.

(3.) BRIEF reference to the break -up of the compensation is necessary regard being had to the controversy raised in the appeal for according to the owner in First Appeal No. 42 of 1988, the compensation is on the higher side and excessive. The Tribunal awarded a sum by way of special damages of Rs. 3,000/ -, Rs. 5,000/ - on the grounds of pain, shock and suffering, Rs. 75,000/ for loss of income and Rs. 20,000/ - by way of an additional compensation for loss of company.