ORIENTAL INSURANCE COMPANY LIMITED Vs. CHAMARIN

JUDGEMENT

(1.) This appeal is by the insurer of dumper truck No. NP 26 AO-459 which caused an accident on 29-11-1990 resulting in fatal injuries to Raja Ram Kunwar who died in consequence thereof the following day in District Hospital, Raigarh. By an award dated l5th April, 1993, the Claims Tribunal awarded compensation of Rs. l,18,800/- to the respondents No. 1 and 2, being the widow and son of the deceased. This award has been challenged in this appeal on the ground that the insurer was absolved from liability on account of breach of conditions of policy in so far as the dumper was being used for carrying passengers for hire.

(2.) The facts of the case which are not in dispute may be briefly stated. The dumper belonged to respondent No. 3 and was being driven by respondent No. 4 at the time of the accident. Raja Ram had boarded the dumper at Gharghode and had paid Rs. 5/- as fare. About 3 kms from Gharghode, the dumper fell down into a field from a height of 20 ft. The accident was as a result of rash and negligent driving of the dumper.

(3.) The Tribunal made the award recording a finding of rashness and negligence. The dependency of the claimant was taken to be of Rs. 470/- p.m. and taking the multiplier to be 20, the compensation was calculated to be Rs. 1,12,800/-. To this a sum of Rs. 5,000/- as consortium to the widow and a lump sum of Rs. 1000/- towards the loss of protection of the father was also added, bringing the total sum of Rs. 1,18,800/-.