LAWS(HPH)-2010-3-1

ASSOCIATED CEMENT COMPANIES LTD Vs. ARJAN KAUR

Decided On March 22, 2010
ASSOCIATED CEMENT COMPANIES LTD. Appellant
V/S
ARJAN KAUR Respondents

JUDGEMENT

(1.) This appeal arises out of the judgment and decree dated 5.10.2001, of the learned District Judge, Bilaspur, in Civil Suit No. 4/1 of 1999, titled Smt. Arjan Kaur and Ors. v. The Associated Cement Companies Ltd., whereby the suit for recovery of Rs. four lac as compensation/damages on account of death of Shri Bakshish Singh due to the alleged negligence on the part of the defendant, filed by the respondents as plaintiffs against the appellant being defendant in the suit, has been decreed with costs and interest @ 9% per annum from the date of filing of the suit, i.e. w.e.f. 27.3.1999.

(2.) In brief, the case set up by the plaintiffs is that plaintiff No. 1 is widow, plaintiffs No. 2 and 4, daughters, plaintiff No. 3, son and plaintiff No. 5, mother of deceased Shri Bakshish Singh, who had died in an accident within the premises of the defendant at Barmana on 30.12.1998. The defendant, Associated Cement Companies Ltd., is engaged in the manufacture of cement. One of its factory is situate at village Barmana, District Bilaspur (H.P.). The manufactured goods are being carried and transported through trucks to various destinations in India. The deceased, late Shri Bakshish Singh, who shall hereinafter be referred to as 'the deceased', was driver of truck No. HP24-7197. He was an expert driver. On 30.12.1998, the deceased came with his truck and entered the factory premises of the defendant for loading cement. The truck was parked at the loading centre. The loading was to be carried out by the employees or contractor of the defendant. As soon as, the deceased came but of the truck and was in the factory premises, it was noticed that his dead-body was lying there. It was taken to the hospital, but, he had already died within the factory premises due to coming into contact with conveyor belt No. 7. According to the plaintiffs, the conveyor belt was not properly guarded nor any protection was there. There was also no sign of danger. It was due to negligence on the part of the defendant that the accident leading to the death of the deceased had occurred. Consequently, a case under Sections 304-A, 287 and 336 IPC was registered against the defendant vide FIR No. 5/99, on 7.1.1999. It is alleged that the FIR was delayed due to the pressure exerted by the defendant, which is a big concern.

(3.) It was further averred that the deceased was working as driver on the truck belonging to one Shri Khushal Singh and was getting monthly salary of Rs. 3,000/-, besides Rs. 30/- as daily expenses. He was aged about 36 years at the time of his unfortunate death in the accident. In the opinion of the Doctor, who had conducted autopsy on the dead-body of the deceased, he had died due to asphyxia as a result of head injury and traumatic asphyxia. It being so, it was clear that the death of the deceased was as a result of coming into contact with conveyor belt installed in the factory belonging to the defendant. The plaintiffs were dependant upon the deceased, who was the sole earning member in the family. It was lastly averred that a demand notice was served upon the defendant through registered post on 21.2.1999, calling upon to pay compensation of Rs. five lac. However, neither the notice was replied nor compensation was paid by the defendant compelling the plaintiffs to file the suit.