NEW INDIA ASSURANCE COMPANY LIMITED Vs. LALITA HARIJAN

JUDGEMENT

(1.) This order will also govern the disposal of Misc. Appeal No. 527 of 1991 (New India Assurance Co. Ltd. v. Arjun Harijan) and Misc. Appeal No. 528 of 1991 (New India Assurance Co. Ltd. v. Sambaru Harijan).

(2.) The facts which give rise to these appeals are simple. On 26-3-1985, 3 persons namely, (sic), Nara and Surya were killed when a truck in which they were travelling was involved in an accident. Their dependants filed separate claim petitions on 14-9-1987 which were registered as M.J.C. No. 79/87 (Smt. Lalita Harijan v. Shyamsunder) M.J.C. No. 80/87 (Sambaru Harijan v. Shyamsunder) M.J.C. No. 81/87 (Arjuna Harijan v. Shyamsunder). In each case, compensation amounting to Rs. 50,000/- was claimed from the owner and insurer of the truck.In the claim petitions initially filed, it was alleged that the deceased (in each case) was a labourer and also used to sell firewood. It was further averred, that on the date of the accident the deceased was travelling in the truck as a passenger on payment of Rs. 5/- as fare. Subsequently on 22-7-1988, the each petition was substituted by another petition in which the averments made in the earlier petition that the deceased was a labourer and was travelling in the truck as a fare paying passenger was withdrawn and, a new case was made out namely, that at the time of the accident the deceased was travelling in the truck as a coolie who was engaged by the owner for loading and unloading the goods being carried in the truck. Alleging that the deceased died in an accident during the course of his employment, a claim for compensation was made.

(3.) As all three claim petitions arose out of a common accident, they were consolidated and were disposed of by the Second Motor Accident Claims Tribunal (S.O.) Berhampur by a common award dated 31-7-1991. In such claim, the claimant was held entitled to Rs. 50,000/- as compensation with interest @ 6% per annum from the date of application i.e. 14-9-1987 till realisation. Aggrieved by the award, the insurer has filed these appeals namely, M.A. No. 526/91, M.A. No. 527/91 and M.A. No. 528/91, which arise out of M.J.C. No. 79/87, M.J.C. No. 80/87 and M.J.C. No. 81/87 respectively.