IMPORTANT POINT
M.V. Act, 1988 - Section 167 - Option.

Judgment :-

Jagdish Singh Khehar, J.

1. Yalgurdappa B. Goudar was employed as a Pump Operator in the Mechanical Engineering Department, and posted in the Old Power House, of the Mormugao Port Trust, Mormugao (for short, ‘the Port Trust’). While discharging his duties in his aforesaid capacity during the course of the second shift on 19.4.2003, while pillion riding on a motorcycle bearing registration mo.GA 02 L 8479, he was hit by a tipper bearing registration no.TM 07 V 4548. Consequent upon the injury suffered by Yalgurdappa B. Goudar in the said accident, Yalgurdappa B. Goudar died on the spot. The aforesaid tipper was insured with the Oriental Insurance Company, i.e., the appellant herein.

2. The most important factual aspect in the present controversy is, that Dayamavva Yalgurdappa the widow, and the dependants of Yalgurdappa B. Goudar, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 on 30.5.2003. Through the aforesaid claim petition, the widow and the children of the deceased Yalgurdappa B. Goudar sought compensation on account of the motor accident in the course whereof, the husband/father of the claimants had lost his life.

3. It is not a matter of dispute, that the Port Trust addressed a communication dated 4.11.2003 to the Workmen’s Compensation Commissioner, Goa intimating him of the motor accident referred to hereinabove. Simultaneously, with the aforesaid intimation, the Port Trust deposited an amount of Rs.3,26,140/- with the Workmen’s Compensation Commissioner, as compensation payable to the dependants of the deceased Yalgurdappa B. Goudar under the Workmen’s Compensation Act, 1923. Consequent upon the receipt of the aforesaid intimation (as also, the deposit of compensation), the Workmen’s Compensation Commissioner issued a notice to the dependants of the deceased Yalgurdappa B. Goudar. Consequent upon the service of notice on the dependants of the deceased, hearing in the matter pertaining to disbursement of compensation to the dependants of Yalgurdappa B. Goudar, was fixed for 20.4.2004. On 20.4.2004 Dyamavva Yalgurdappa, the widow of the deceased Yalgurdappa B. Goudar, appeared before the Workmen’s Compensation Commissioner and her statement was recorded by the Commissioner. In her statement she acknowledged the demise of her husband in a motor accident, while working in the employment of the Port Trust, in the second shift on 19.4.2003. She also placed on record the fact, that she had two sons and a daughter who were also dependents of the deceased. Based on her statement, she prayed for the release of the compensation deposited by the Port Trust, with the Workmen’s Compensation Commissioner. Since the claim raised by Dyamavva Yalgurdappa, widow of Yalgurdappa B. Goudar was not contested by the employer, the amount of Rs.3,26,140/- deposited by the Port Trust with the Workmen’s Compensation Commissioner, was ordered to be mainly released to the Dyamavva Yalgurdappa, widow of Yalgurdappa B. Goudar, and partly to the daughter of the deceased Yalgurdappa B. Goudar. Out of the aforesaid amount, the daughter was held to be entitled to a sum of Rs.50,000/-. The order dated 29.4.2004 is available on the record of this case. A elevant extract of the same is reproduced hereunder, which fully substantiates the factual position narrated hereinabove :

“The opp. Party Mormugao Port Trust vide their letter dated 04.11.2003 had informed that Shri Gowder Yellagurdappa, ex-Pump Operator who was posted at the Old Power House while working on the second shift on 19.04.2003 met with an accident with a tipper truck and succumbed to the injuries sustained. The management further mentioned the date of birth of the deceased employee was 01.04.1956 and his monthly salary was Rs.9,276/- at the time of his death and in terms of Workmen’s Compensation Act, 1923, they deposited an amount of Rs.3,26,140/- in this office towards compensation to be paid to the dependants of the deceased employee.

Notice was served on th