PRADEEP KUMAR SRIVASTAVA,J. - (1.) Heard Sri A.C. Pandey, learned counsel for the appellant and Sri Rama Nand Pandey, learned counsel for the respondents. Perused the record attached with this appeal from both sides.
(2.) This appeal has been filed by the appellant - The Oriental Insurance Co. Ltd. against the judgment and award dated 14.08.2013 passed by learned Additional District Judge, Court No. 2/MACT, J.P. Nagar in MACP No. 67 of 2007 by which the compensation of Rs.30,75,048.00/- has been awarded with the interest @6% from the date of filing of claim petition to the claimants-respondents.
(3.) Before the learned Tribunal, a claim petition was filed by the petitioners stating that on 20.7.2007 at about 1.00 PM in the village Allipur, near National Highway, P.S. Gajraula, District J.P. Nagar, an accident took place in which, husband of claimant no. 1 and father of claimant nos. 2 to 5 sustained injuries and died. At the time of accident, the driver of Tanker no. HR 37-B/4183 was being driven by the driver very rashly and negligently which dashed the Scorpio No. UDS 0003/4528 coming from the side of Delhi and the Scorpio overturned and fell over the deceased Om Prakash Mishra by which he sustained serious injuries and while he was being taken for treatment, he died on the way. At the time of accident, the deceased was going on foot to the Jubliant Company Ltd. where he was working and when he reached near the factory, the accident took place. At the time of accident, the deceased was aged about 42 years and was enough healthy and he was working as Store Officer in the said Company and was getting salary of Rs.19,370/- monthly. On that basis, the claim petition has been filed for compensation.;