ORIENTAL INSURANCE CO.LTD. Vs. DEVI DASS

JUDGEMENT

(1.) These two appeals are being disposed of by this judgment as they arise out of the same accident and involve a common question of fact and law. I have enumerated the facts before adverting to and adjudicating on the submissions made by the learned counsel appearing for the parties.

(2.) On 10.8.2005 Smt. Sangeeta alongwith her minor son Devinder boarded truck No. HP-07-3474 which was being driven by deceased Diwan Chand, who was undisputedly the husband of the deceased and father of the minor Devinder. The truck fell into river Satluj, all the occupants including the driver drowned; the bodies were washed away and could not be recovered. They were in all five people in the truck including the driver.

(3.) In these two appeals, it is the compensation which has been granted to Annu Kumari who is a minor which is being considered as nothing was granted in favour of Devi Dass and Kaushyala Devi who were the grant parents of Devinder and the father-in-law and mother-in-law of deceased Sangeeta.