ORIENTAL INSURANCE CO LTD Vs. MOOL CHAND BISHT

JUDGEMENT

(1.) All these appeals are being disposed of by this judgment as they arise out of the same accident. Before adverting to the individual grounds of challenge in each one of the appeal, the facts may be noticed.

(2.) On 21.1.2006, Mahindra Max Jeep No.HP-01K was being driven by its owner Shri Rakesh Goyal. It was pleaded that he was driving at a fast speed, lost control of the vehicle near Bhangi Dwar on ChowaiDalash road and as a result it fell into a gorge about 800 feet as a result Smt.Daya Banti alongwith other occupants sustained fatal injuries. In each case, the learned Tribunal has awarded compensation holding that the accident had occurred owing to the rash and negligent acts of the driver. The award has been challenged by the Insurance Company only in three cases and the claimants have filed appeals claiming enhancement of the compensation in each case. (I) FAO No.482 of 2008, titled: Oriental Insurance Co.Ltd. vs. Mool Chand Bisht & Ors.

(3.) The appellant-Insurance Company challenges the compensation to the claimants in this appeal which has been awarded for the death of Smt.Daya Banti who was a house wife and it was pleaded that she was also assisting the family in agricultural work.