KOTLA CO-OP SOCIETY Vs. MOHINDER ARUN

JUDGEMENT

(1.) This judgment shall dispose of 9 appeals as they arise out of the same accident. Eight appeals arise out of award dated 15.1.2002 and one appeal out of award dated 22.7.2003. The same point is involved in all the appeals.

(2.) Briefly stated the facts necessary for decision of the case are that truck No. HP51 -0923 was admittedly owned by Kotla Cooperative Society, Thachi. This truck was being driven by one Hem Chand. The victims (injured and deceased) were travelling in the truck which was involved in the accident. The claimants filed the claim petitions claiming compensation. In these claims petitions there was no averment made as to in which capacity the victims were travelling in the truck.

(3.) FAO Nos. 161 of 364 of 2002 arises out of Claim Petition No. 12 -S/2 of 1998 filed by Mohinder Arun. In this claim petition, the injured claimant was a student of BA Part -I and was studying in a college at Shimla. The accident took place near Thachi. In the claim petition, it is only mentioned that on 5.9.1997 when the claimant was travelling in the vehicle in question, the same met with an accident. It is further stated as follows: "The claimant was travelling in the vehicle as he was coming back to his home after attending the school."