New India Ass. Co. Ltd. vs Ram Sringari Devi and Others

G.P. Mittal, J.—The Appellant New India Assurance Company Limited impugns the judgment dated 06.08.2010 whereby a compensation of Rs. 4,55,000/- was awarded to the legal representatives of the deceased Bhim Dass @ Bhim Singh who died due to the injuries he suffered, while driving Toyota number HR-55-D-1961. The Appellant filed the Claim Petition u/s 163-A of the Motor Vehicles Act (the M.V. Act) against its own employer and owner of the offending vehicle and the Insurance Company, which was not permissible u/s 163-A of the M.V. Act on the basis of the authority in (i) Ningamma and Another Vs. United India Insurance Co. Ltd., and (ii) National Insurance Company Ltd. Vs. Sinitha and Others, . Similar view was taken by the Punjab and Haryana High Court in FAO No. 1413/2000 titled General Manager, Chandigarh Transport Undertaking-I, Chandigarh & Anr v. Kanwaljit Kaur & Ors., decided on 09.05.2011. The policy Ex.R2W1/1 was proved by the Appellant which shows that two employees of vehicle Swaraj Mazda, Engine No. SLTGT84812, Chassis No. TGZGL4GM 0091786 were covered under the Workmen''s Compensation Act, 1923 by paying additional premium of Rs. 50/-.

The Respondents/Claimants must have prosecuted a Claim Petition u/s 4 of the Workmen''s Compensation Act, 1923 (the Act of 1923) for death of a workman before the Commissioner, Workman''s Compensation.

This Court being a Court of Appeal u/s 30 of the Act of 1923, can itself compute the compensation and award it to the Respondents Claimants instead of relegating them to approach the Commissioner appointed under the Act of 1923.

As per Section 4 of the Act of 1923, in case of death resulting from injury arising out of an employment, the compensation payable is an amount equal to 50% of the monthly wages of the deceased workman, multiplied by the relevant factor (as mentioned in Schedule 4 of the Act of 1923).

Upender Dass @ Bhupender Singh''s (PW-1) testimony that the deceased was getting a salary of Rs. 40,000/- per annum was not disputed by putting any question in cross-examination. Thus, the compensation payable at the deceased''s age i.e. 24 years comes to Rs. 3,64,116/- (40,000/- � 2 � 12 x 218.47).

The Tribunal awarded a sum of Rs. 50,000/- towards loss of love and affection apart from other non pecuniary damages, which is not permissible u/s 4 of the Act of 1923.

The Appeal is allowed and the compensation awarded is restricted to Rs. 3,64,116/- only. The compensation awarded shall carry interest @ 7.5 per annum from the date of the filing of petition till the date of payment.

A sum of Rs. 1,00,000/- along with the proportionate interest shall be payable to Respondent No. 2 and rest of the amount along with the proportionate interest shall be payable to Respondent No. 1.

80% of the awarded sum shall be held in fixed deposits and 10% each shall be released to the Respondents No. 1 and 2 forthwith.

The Appeal is allowed in above terms. No costs. Pending applications also stand disposed of.