IMPORTANT POINT
Death in course of employment – Claim lodged by claimants seeking for compensation would not partake character of a “contested claim”.

JUDGMENT

ARAVIND KUMAR, J.

Leave granted.

1) A challenge is laid to the correctness and legality of the judgment dated 01.10.2018 passed in Miscellaneous Appeal No. 777 of 2014 by the High Court of Judicature at Patna, whereunder, the appeal filed by the claimants assailing the order dated 10.10.2014 passed by the Deputy Labour Commissioner-cum-Commissioner for Workmen Compensation, in CWC No. 24 of 2011 allowing the claim petition in part, directing the opposite party No. 1 - Reliance General Insurance Company Limited (first respondent herein) to pay compensation to the tune of Rs.4,31,671/- has been set aside, on the ground that the dispute raised was a contested case and it is coram-non-judice.

2) We have heard the arguments of Mr. Atil Inam, learned counsel appearing for the appellants, as also Mr. Vishnu Mehra, learned counsel appearing for respondent No. 1, and perused the case papers.

3) Appellants/Claimants are wife, son and parents of late Sri Vakil Choudhary who had been employed by the second respondent as truck driver and had met with a road accident in the night of 21.04.2011 at 10.30 p.m. and as a result of the accidental injuries sustained, succumbed to the same. Hence, seeking compensation on account of death occurring during the course of employment and contending inter alia that he used to earn Rs.6,000/- p.m. as wages from his employer, claim petition was lodged before the Deputy Labour Commissioner-cum-Commissioner for Workmen Compensation. On notice being issued, the insurer of the offending vehicle appeared and filed written statement but, thereafter, the matter was not pursued further by the respondents. On the basis of the material evidence that came to be placed by the claimants, the Deputy Labour Commissioner-cum-Commissioner for Workmen Compensation adjudicated the claim and awarded a sum of Rs.4,31,671/- and ordered for payment of interest @ 6 per cent per annum from the date of the accident till the amount is deposited. To award said compensation, Tribunal considered the income of the deceased at Rs.150/- per day and computed the total monthly income for 26 working days at Rs.3,900/- p.m. and half of the same, at Rs.1,950/- as loss of income to the claimants and adopting the relevant multiplier/factor as stipulated under the The Workmen’s Compensation Act, 1923 (VIII of 1923)(hereinafter referred to as ‘W.C. Act’ for brevity) at 221.37, determined the total compensation accordingly.

4) This Award was challenged by the claimants as being abysmally on the lower side has resulted in a worsened scenario viz., the Award itself was held to be one without jurisdiction viz., Deputy Labour Commissioner-cum-Commissioner for Workmen Compensation had no jurisdiction on the premise that it was a contested matter on account of the written statement having been filed by the insurer and there being a embargo as per notification issued under Section 20(1) and (2) of the W.C. Act.

5) By virtue of the power vested under sub-Section (1) and (2) of Section 20 of the Act, the appropriate Government had issued notification whereunder under clause (a), the presiding officers of the Labour Court were entrusted with adjudication of claims of all contested cases arising under the Act.

6) As could be seen from the impugned order, the only reasoning adopted for arriving at a conclusion that the Deputy Labour Commissioner-cum-Commissioner for Workmen Compensation Commissioner had no jurisdiction or the fact which weighed in the mind of the High Court to non-suit the claim was on account of the written statement having been filed by respondent Nos. 1 and 2 herein, who were also respondent Nos. 1 and 2 before the Deputy Labour Commissioner-cum-Commissioner for Workmen Compensation.

7) The records on hand would disclose that there was no further contest of the claim petition by them. On the other hand, the employer had clearly admitted the averments made in the claim petition filed by the claimants. In other words, there was no contest. Th