ORIENTAL INSURANCE COMPANY LTD Vs. HARI SHANKAR

JUDGEMENT

(1.) Briefly stated relevant facts are that deceased Satyanarayan Sharma was employee of M.P. Electricity Board on the post of Helper. He was going on a job on 10-9-1988 in a jeep bearing registration No. CPH-228 belonging to M.P. Electricity Board. It was hit by truck No. MBW-9903, which was being driven by Respondent No. 3 in a rash and negligent manner. Satyanarayan Sharma suffered serious injuries and died as a result of same on 11-9-1988. Parents of Satyanarayan Sharma and Santosh Kumar Sharma, alleged adopted son of the deceased Satyanarayan Sharma submitted a claim petition under Section 110-A of Motor Vehicles Act, 1939 claiming compensation to the tune of Rs. 6,42,356/-. The offending truck was insured with the Oriental Insurance Company, which submitted the written statement refuting the claim of compensation. This apart, it was stated that Santosh Kumar Sharma is not adopted son of the deceased.

(2.) Claim case was registered at No. 5/1989. During its pendency parents of the deceased Satyanarayan Sharma died and claimant/Appellant No. 1 was substituted in their place. Similarly Santosh Kumar Sharma, the claimant/Appellant No. 2 was shown by way of amendment as the son of Late Satyanarayan Sharma. However, it is pertinent to note that in Paragraph 6 of the claim petition it has been pleaded right from beginning that claimant/ Appellant No. 2 is son of real brother of the deceased Satyanarayan Sharma. It was further pleaded that Satyanarayan Sharma was unmarried and had taken in adoption the claimant No. 2. The deceased had also declared the claimant No. 2 as nominee in M.P. Electricity Board.

(3.) The Claims Tribunal vide impugned award dated 25-1-2001 held that the claimants/Appellants are entitled to a sum of Rs. 1,05,920/- as compensation. However, a sum of Rs. 76,968/- received from the Commissioner under the Workmen Compensation Act is found liable to be deducted. Accordingly, a sum of Rs. 28,952/- has been awarded by the Claims Tribunal under the impugned award against the non-applicants in joint and several manner.