NEW INDIA ASSURANCE CO LTD Vs. NARBADA DEVI

JUDGEMENT

(1.) This case is listed today for dictating judgment. We felt necessity to further hear learned Counsel for the parties, therefore, all of them have been heard.

(2.) In the facts and circumstances of this case primary question for consideration before us is, whether the death of Chowkidar Om Parkash who was a daily rated employee of respondent No. 7 was accidental or otherwise. In case it is accidental then no exception can be taken to the impugned order, if it is otherwise then the consequence would be natural.

(3.) Facts as they emerge from the record of this case are that Om Parkash Chowkidar working with respondent No. 7 died on 8.10.1997. Prior to it as per averments made in the pleadings and the communications Annexures A-Ill and A-IV placed on record on behalf of the respondent No. 1 are to the effect, that the deceased Om Parkash on the night of 7.10.1997 was coming from Banal Depot to Thundal along with Chandermohan Forest Guard. On that night there was heavy storm and rain, therefore, deceased might have been trapped in it. On the morning of 8.10.1997 on way to Village Thundal he was found in a helpless condition around 9.00 a.m. Mohan Singh chowkidar when saw the deceased he called Narayan Dass Forest Sub Inspector. Deceased was removed to the quarter to Chandermohan Forest Guard where he died at about 1.00 p.m. Thereafter Forest Guard reached Chopal and lodged FIR on 9.10.1997 at about 2.30 p.m. Intimation was also provided by Narayan Dass to the Manager Forest Working Circle Chopal vide Annexure A-Ill. Assistant Manager of respondent No. 7 has issued a certificate Annexure A-IV to the effect that deceased Om Parkash S/o Shri Kehru Singh R/o Vill. Kaloon, Tehsil Chopal had died on duty while he was working as a daily rated Chowkidar.