- (1.) By this single judgment, I will dispose of FAO No. 1843 of 1998 filed by New India Assurance Company Limited as well as Cross Objections filed by respondents No. 1 to 4 Seema Devi etc. Ved Parkash-husband of Seema Devi, father of claimants No. 2 and 3 and son of claimant No. 4 was aged about 30 years. He was working as truck cleaner in M/s Gujarat Ambuja Cement Ltd., Duburji, Rupnagar. He was getting monthly salary of Rs. 2,000/- per month. On 8.1.1996, he was travelling in truck No. HP-11/1074 while returning from the factory premises of M/s Gujarat Ambuja Cement Ltd. after unloading the clinker to Daria Ghat (H.P.) where the cement plant of respondent No. 5 i.e. M/s Gujarat Ambuja Cement Ltd. is situated. The truck was driven by Balbir Singh at a high speed and in careless manner. The said truck met with accident on Bilaspur-Shimla road near Khalota Mandir. The truck rolled down to the depth of 400 feet. The driver of the truck got multiple grievous injuries. Ved Parkash died at the spot. Claimants claimed that they had to spend more than Rs. 10,000/- on the cremation and last rites of the deceased. He was the only bread earner of the family. His mother Suraksha Devi is aged about 60 years. All the claimants were fully dependent upon the deceased. They claimed compensation to the tune of Rs. 5 lacs. M/s Gujarat Ambuja Cement Limited-respondent No. 1 before the Tribunal denied that deceased was working with them. The accident was also denied.
(2.) Respondent No. 3 before the Tribunal-Insurance Company also took the plea that the truck has been falsely named in the accident. Following issues were framed for the disposal of the claim petition :- 1. Whether Ved Parkash died on 8.1.1996 in the area of village Namhol, District Bilaspur in an accident with vehicle No. HP- 11-1074 which was rashly and negligently driven by respondent No. 2 ? OPP 2. To what compensation the claimants are entitled to ? If so from whom ? OPP 3. Whether respondent Balbir Singh was having valid driving licence at the time of accident ? OPR 4. Relief.
(3.) The Tribunal accepted the version of the claimants regarding rash and negligent driving of the offending vehicle by Balbir Singhrespondent No. 2. The Tribunal took the income of the deceased to be Rs. 1,500/- per month and determined the dependency of the claimants to be at Rs. 1,200/- per month. The Tribunal applied the multiplier of 15 and calculated the loss of dependency at Rs. 2.16 lacs. Rs. 10,000/- on account of last rites and ceremonies were allowed. It was also held that on account of deposit of Rs. 1,58,843/ with the Commissioner under the Workmen's Compensation Act, 1923 (in short '1923 Act'), the present petition is not barred. Accordingly, the award of Rs. 2.26 lacs was passed. Aggrieved by the said award, the insurance company has come up in appeal, whereas the claimants have filed Cross Objections.;