ORIENTAL INSURANCE CO. LTD. Vs. PUNI DEVI

JUDGEMENT

(1.) WE propose to decide all these cases (F.A.O. No. 98 of 1991, Oriental Insurance Co. Ltd. v. Puni Devi; F.A.O. No. 99 of 1991, Oriental Insurance Co. Ltd. v. Chigha Ram; F.A.O. No. 100 of 1991, Oriental Insurance Co. Ltd. v. Daulat Ram; F.A.O. No. 101 of 1991, Oriental Insurance Co. Ltd. v. Roop Chand ; C.M.P. (M) No. 202 of 1991, Oriental Insurance Co. Ltd. v. Ravi; C.M.P. (M) No. 204 of 1991, Oriental Insurance Co. Ltd. v. Pirthi Chand ; C.M.P. (M) No. 205 of 1991, Oriental Insurance Co. Ltd. v. Chunku Ram; C.M.P. (M) No. 206 of 1991, Oriental Insurance Co. Ltd. v. Rattan Chand ; C.M.P. (M) No. 236 of 1991, Oriental Insurance Co. Ltd. v. Daulat Ram; C.M.P. (M) No. 263 of 1991, Oriental Insurance Co. Ltd. v. Saran Dass; F.A.O. No. 53 of 1993, Oriental Insurance Co. Ltd. v. Achhari Devi and F.A.O. No. 54 of 1993, Oriental Insurance Co. Ltd. v. Achhari Devi by a common judgment since they arise out of the same accident, though there are two different awards dated 14.3.1991 and 3.12.1992.

(2.) PIRTHI Chand, Rattan Chand, Chunku Ram, Loharu Ram, Chigha Ram, Saran Dass, Roop Chand, Daulat Ram, Ravi, Sunnu Ram and Achhari Devi travelled by truck No. HIK 5082 on the night intervening 2/3.10.1990 from Bhunter to different places in Jogindernagar and Kangra. This truck was going from Kullu to Kangra and its driver Ishwar Dass was driving it. It was owned by Himachal Flour Mills, Kangra and was insured with Oriental Insurance Co. Ltd. When it reached at village Gawali, near Jogindernagar, it rolled down 30 metres below the road. In this accident, Loharu Ram, Kali Devi and Sunnu Ram died instantaneously while the others sustained injuries. Therefore, claims have been preferred either by the injured for themselves or by the legal representatives of the deceased for the deaths for different amounts.

(3.) THESE claim petitions have been opposed by the respondents. The Oriental Insurance Co. Ltd. has contended that the vehicle was being driven by an unlicensed driver carrying the passengers gratuitously and, therefore, it was not liable to pay any compensation in these cases. The vehicle was being plied without route permit and fitness certificate. Finally, it is also the case of the company that the injuries stated by the injured are not so serious as have been pleaded in the claim petitions, therefore, claim for expenditure for treatment is exaggerated. Other respondents have stated that the accident is not attributable to the rash and negligent driving of driver Ishwar Dass. On account of anti reservation strike, there was strike by the Government transport. The road traffic was blocked at Bhunter and a few persons forcibly got into the vehicle after hurling threats. When the vehicle reached at village Gawali at 12.30 a.m., after negotiating a curve, it was found that the road was blocked by boulders, used for the blockade of the road. As a result of the same, the truck jumped on the stones and fell down on the left side of the road where the road was damaged. The damaged side of the road could not be seen with the result that the accident took place.