Interlocutory orders can be challenged in appeals against final decrees; adequate proof is needed to establish the deceased's income for compensation calculation.

JUDGMENT :

REKHA BORANA, J.

1. The present misc. appeal has been preferred by the appellant Insurance Company against the impugned judgment and award dated 14.10.2024 passed by the Motor Accident Claims Tribunal (Labour Court), Sriganganagar in MACT Case No.68/2022, whereby the learned Tribunal partly allowed the claim petition and passed an award in favour of the claimants therein.

2. Brief facts as averred in the claim petition are that an FIR was lodged by one Chandana Ram Choudhary on 07.11.2021, stating therein that he, alongwith one Prem Singh was travelling from Jaisalmer to Tanot Mata Temple. One Toyota vehicle No.RJ- 31-CV-2474 was moving ahead of them. At about 18 kms from Ramgarh, a camel came running from the right and to avoid collision, driver of the car applied sudden brakes due to which the vehicle overturned. All three females and two males occupying the car suffered serious head injuries. They were rescued out of the car by Chandana Ram, Prem Singh and one passing-by traveller Pramod. Arjita, Anju, Varshika and Vishal, four occupants of the car succumbed to the injuries on the spot and fifth occupant Rinku was admitted in the Government Hospital at Ramgarh who also expired during the treatment. As per the claim petition, the vehicle was driven by Vishal. FIR No.76/2021 qua the incident was registered at Police Station Ramgarh.

3. The offending vehicle, on the date of the accident, was insured with appellant Insurance Company.

4. Besides the judgment and award dated 14.10.2024, order dated 28.08.2024 is also under challenge in the present appeal. Vide said order dated 28.08.2024, application under Order XVI Rule 1, CPC as filed by the Insurance Company seeking direction to summon the District Education Officer and Principal of the School with which all the deceased were allegedly employed, stood rejected.

5. At the very inception, learned counsel for the appellant Insurance Company submitted that although a specific prayer has not been made in the present appeal but then prayer No.3 is eventually for the matter to be remanded back to the learned Tribunal while directing to summon the District Education Officer and the Principal of the School where allegedly all the deceased were working. Learned counsel submitted that the said prayer is infact to set aside order dated 28.08.2024 and the same be granted.

6. Learned Senior Counsel appearing for the respondents claimants submitted that order dated 28.08.2024 not been challenged at the relevant stage when it was passed, the same cannot be challenged in the present appeal along with the final award, the same being an interlocutory order, without a specific challenge been laid to order dated 28.08.2024, any appeal qua the said relief cannot be entertained.

7. Responding to the above objection, learned counsel for the appellant Insurance Company submitted that there is no legal bar to challenge an interlocutory order in an appeal assailing the final order/Award. Although the present proceeding is nomenclatured as a misc. appeal, it is fundamentally a first appeal arising from a judgment and Award and hence, a challenge to order dated 28.08.2024 can definitely be laid in the present appeal. In support of his submission, learned counsel relied upon the Hon’ble Apex Court judgment in Mohd. Inam Vs. Sanjay Kumar Singhal and Others ; (2020) 7 SCC 327

8. So far as challenge to order dated 28.08.2024 is concerned, as it is the settled position of law, a party is not bound to appeal from every interlocutory order which is a step in the procedure that leads t