ORIENTAL INSURANCE CO. LTD. Vs. DURGA DEVI
LAWS(HPH)-1997-8-12
HIGH COURT OF HIMACHAL PRADESH
Decided on August 11,1997

ORIENTAL INSURANCE CO. LTD. Appellant
VERSUS
DURGA DEVI Respondents




JUDGEMENT

SURINDER SARUP,J. - (1.)A judgment is being recorded in F.A.O. (MVA) No. 77 of 1988.
(2.)THIS judgment will dispose of the following eight appeals which have been filed by the Oriental Insurance Co. Ltd. against the eight different awards of Mr. Janeshwar Goyal, Motor Accidents Claims Tribunal (II), Solan and Sirmaur Districts at Nahan dated 14.3.1988. These eight appeals arise out of the same accident in which about 20 people are stated to have died and the awards were made by the M.A.C.T. aforementioned in favour of the legal heirs of the deceased.
The facts giving rise to the appeals are that Baisakhi Fair known as Vishu Mela is held in village Sataun in the last week of April annually. People from far and near go to attend that mela with their agricultural produce and goods for the purpose of sale. As per the custom the said Vishu Mela in the year 1986 was held at Sataun on 26.4.1986.

(3.)A large number of people had boarded truck No. HPN 2049 with their produce in order to reach the mela and to display and sell their produce and other goods. While wending its way to Sataun, when the said truck reached village Gyana, it could not negotiate the curve and fell down to a depth of 400 feet in the khud. As stated above, about twenty people died in that accident and a number of others sustained injuries.


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