IN THE HIGH COURT OF JHARKHAND AT RANCHI
M.A. No. 374 of 2003
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Bilquis Ara & Others .... Appellants
Versus
National Insurance Company Ltd. & Others.... .... Respondents
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CORAM: HON'BLE MR. JUSTICE M.Y. EQBAL
HON'BLE MRS. JUSTICE JAYA ROY
For the Appellant(s) : M/s M.K. Habib, Afsari Begum, S.K. Deo
For the Respondent(s): M/s D.C. Ghosh, G.M. Mishra
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8/12.12.2008
. This appeal filed by the claimants-appellants is
directed against the judgment and award dated 30th August, 2003
passed in Compensation Case No. 74 of 1998 whereby the Motor
Vehicle Accident Claims Tribunal, Jamshedpur dismissed the claim
application holding that since the claimants have received a sum of
Rs. 2,00,000/- from the employer, Tata Iron & Steel Company Ltd.
under the Workmen’s Compensation Act, the claim case under the
Motor Vehicle Act is not maintainable and accordingly, the claim
case was dismissed.
The claimants are the widow, daughter, sons and old mother
of the deceased, Asif Ali Khan. The deceased was aged about 35
years and was working in TISCO and getting monthly pay of Rs.
4,108/-. On 30.08.1997, the deceased was going towards Dathkidih
on foot. All of a sudden a motor cycle bearing registration no. B.R.
16H 4313 came in excessive high speed in a very rash and negligent
manner and dashed the deceased from the back side. The deceased
sustained grievous injury and was brought to the hospital where he
died. The said vehicle was insured with the Insurance Company.
It is a matter of surprise that although no defence was taken
by the respondents with regard to the maintainability of the claim
case on the ground that the claimants were awarded compensation
under the Workmen’s Compensation Act, the Tribunal merely on
the argument advanced by the counsel for the Insurance Company
that the claimants were paid Rs. 2,00,000/-by the employer under
the Workmen’s Compensation Act, dismissed the claim case.
On 11.01.2007, this appeal was registered for the first time
under the heading ‘for admission’ to implead TISCO Limited being
the employer of the deceased as party respondent. Pursuant to the
notice issued to the employer-TISCO, an affidavit was filed stating
that the deceased was their employee and on his death a sum of Rs.
1,97,060/- was paid as an ex-gratia amount to the claimants. In the
affidavit TISCO has not stated that the amount was paid under the
Workmen’s Compensation Act or that any application was filed by
the claimants under the Workmen’s Compensation Act.
Prima facie we are, therefore, of the view that the claimants
have not moved the forum provided under the Workmen’s
Compensation Act. The claim case before the Tribunal under the
Motor Vehicle Act is well maintainable.
Learned counsel appearing for the parties jointly submitted
that since the matter is of the year 1998, it would be fit and proper if
the case of the claimant is disposed of at the appellate stage. As
noticed above, the deceased was aged about 35 years and his net
salary was Rs. 4,108/-. After deducting 1/3rd the monthly
dependency comes to Rs. 2,700/- and the annual dependency come
to Rs. 32,400/-. Taking multiplier of 15 the compensation amount
come to Rs. 4,86,000/-. However having regard to the fact that the
deceased was paid a sum of Rs. 1,97,060/- as an ex-gratia payment
and she is getting a monthly pension of Rs. 6,891.65, in our view a
lump sum amount of Rs. 5,00,000/- inclusive of interest will meet
the ends of justice.
For the reasons aforesaid, this appeal is allowed and it is
held that a lump sum of Rs. 5,00,000/- inclusive of interest shall be
paid by the insurance company as compensation to the claimants
It is made clear that this amount of compensation shall be
paid jointly to the claimants including the mother of the deceased.
The insurance company shall handover the cheque of Rs. 5,00,000/-
to the claimants on 20th December, 2008 before the Lok Adalat
scheduled to be held in the High Court premises. The office of the
High Court Legal Services Committee is directed to send notice to
the appellants to remain physically present before the Lok Adalat
to receive the cheque.
Let a copy of this order be handed over to the learned
counsel for the respondents.
(M.Y. Eqbal, J)
(Jaya Roy, J)
VK