ORIENTAL INSURANCE CO LTD Vs. MAHASWARI

JUDGEMENT

(1.) This judgment shall dispose of 15 appeals being F.A.O. Nos. 202 to 213 and 233 to 235 of 2003 as they arise out of the same accident and similar awards.

(2.) The brief facts of the case are that an accident of truck No. HP-14 5116 took place on 30.12.1999 near Devimore, Tehsil Theog, District Shimla, H.P. In this accident 18 labourers died, some were injured and the driver and cleaner of the truck also died. Claim petitions were filed by the claimants who are the heirs of the labourers travelling in the truck in question. The averments made in the claim petitions are virtually identical and it is stated that deceased were employees of Jyoti Structures and were skilled labourers. It is also stated that they were travelling in the truck and not a word is stated as to in what capacity they were travelling in the said truck. The owner filed reply stating that the truck was hired by Jyoti Structures and the truck was loaded with materials and thereafter the labouress also boarded the truck on the pretext that they would take care of the goods Rest of the labourers were to go the constiuction site by bus

(3.) The insurance company took the plea that the deceased were giatuitous passengers in a goods carnage vehicle and hence the insurance company was not liable