KALA DEVI Vs. BHAGWAN DASS CHAUHAN

JUDGEMENT

(1.) The Insurance Company as well as the claimants, both felt dis-satisfied by the impugned award, as such, laid challenge by filing above titled separate appeals.

(2.) In short, the facts giving rise to the present appeals can be stated thus. On 15.12.2003, Shri Roshan Chauhan (deceased), husband of appellant Kala Devi, was traveling in vehicle No. HP-09A-0897 (207 TATA vehicle), which was being driven by respondent No. 3 Keshav Ram. When it reached near Naral, Tehsil Theog, District Shimla, it got stuck on a snowy surfaced road. The deceased and few others alighted from the vehicle and started pushing the same, but suddenly, vehicle slipped, hit the deceased and went off the road causing death of Roshan Chauhan and serious injuries to two others who later also succumbed to their injuries. Accordingly, his wife Kala Devi, for herself and her minor children and Smt. Savitri Devi, mother of the deceased, filed claim petition seeking compensation to the tune of Rs. 12,96,000/- on the ground that the deceased (25) was matriculate and was driver by vocation in another vehicle, earning Rs. 9,000/- per month. He had bright chance to get a government job, but he died at the prime of his age leaving behind his legal heirs and dependants.

(3.) Respondent No. 1 Bhagwan Dass, owner of the alleged offending vehicle and respondent No. 3 Keshav Ram, driver, admitted the death of Roshan Lal, but attributed the accident to the skidding of the vehicle on snow while being pushed. The negligence on the part of the driver was denied. It was also their case that the vehicle was insured with the second respondent i.e. the Insurance Company, who is to indemnify the owner.