ORIENTAL FIRE AND GENERAL INSURANCE COMPANY LIMITED Vs. UNION OF INDIA UOI

JUDGEMENT

(1.) The facts and circumstances which gave rise to this appeal have been stated in our judgment in A. S. No. 519 of 1970. For the purpose of convenience they may be briefly repeated.

(2.) On 20/01/1962 there was a collision between a goods train and a lorry belonging to the second plaintiff in O. S. 4 of 1967, Sub-Court, Adoni. The lorry was insured with the first plaintiff. The case of the plaintiff is that the lorry was crossing a railway gate when it was struck by a goods train. The lorry was damaged and the driver of the lorry and its cleaner and one of the coolies who were in the lorry died as a result of the injuries sustained during the accident. Another coolie who was in the lorry has lost his right arm and two other coolies received minor injuries. The case of the plaintiffs is that the accident was a result of the negligence of the employees of the railway. They also stated that a sum of Rs. 3,500 had been deposited before the Commissioner for Workmens Compensation under the provisions of the Workmens Compensation Act in regard to the claim preferred by the legal representatives of the lorry driver. Another amount of Rs. 1,500 was deposited in regard to the claim of the legal representative of the coolie and Rs. 1,800 in regard to the claim of the legal representatives of the cleaner and a sum of Rs. 1587-60 regarding the claim of the injured persons. In the plaint, the plaintiffs claimed that they are entitled to the recovery of these sums also together with interest thereon.

(3.) The court below held that the accident was due to the negligence of the employees of the railway and the plaintiffs were entitled to a decree for a sum of Rs. 14,000 for the damages sustained to the lorry. It however, negatived the claim regarding the amounts deposited before the Commissioner for Workmens Compensation.