ORIENTAL INSURANCE CO LTD Vs. SAKINA BEGUM

JUDGEMENT

(1.) ONE Ghulam Hassan Shah, S/o Sh. Sumunder Shah, R/o Manzmoh, was traveling in vehicle No. HR -29A -7692, as a labourer for taking care of the sheep, which his employer owner had loaded in the truck. The truck was being driven by Sohan Singh, in a rash and negligent manner when it met with an accident at Hiranagar Morh. This accident, resulted in the death of Ghulam Hassan Shah and some sheep too died on spot. FIR No. 86/1996 was registered at Police Station, Hiranagar, under Sections 279, 337 and 304 -AR.P.C, on 31.5.1996, the date of accident. A Claim Petition, being File No. 22/claim, was instituted by one Akbar Shah claiming to be the adoptive father of the deceased Ghulam Hassan Shah and Mst. Zulikha, Widow of deceased Ghulam Hassan Shah. One Mst. Sakina Begum, mother of the deceased, sought her impleadment in the petition, which was allowed vide order dated 23.9.1997.

(2.) THE original claimants stated that they were deprived of the earnings of the deceased,

(3.) THE Oriental Insurance Company Limited was arrayed as respondent No. 1 in the claim petition, besides the driver and owner of the vehicle.