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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Rajiv Sharma, J.
National Insurance Company Limited - Appellant
Versus
Smt. Dhani Devi and others - Respondents
FAO (ECA) No. 498/2015
Decided on : 09-08-2016
Employees Compensation Act - Workmen Compensation Act - 1923 - Sections 4, 4-A - The court awarded compensation to the legal representatives of a deceased driver who died during the course of employment. The court analyzed the nature of the deceased's employment, the circumstances of his death, and the legal provisions related to compensation. The court also discussed the interpretation of the relevant legal provisions and their application to the case. The court highlighted the importance of considering the date of the accident for determining the rate of compensation and emphasized the need to establish a causal connection between the employment and the death. The court referred to various legal precedents to support its decision.
Fact of the Case:
The deceased driver was engaged by the respondents as a driver and died during the course of employment. The claim for compensation was contested by the insurance company and the respondents. The court heard the arguments of the parties and examined the evidence, including witness testimonies and legal precedents. The court found that the deceased's death was due to occupational disease and that the compensation amount should be calculated based on the existing provision at the relevant time of the incident.
Finding of the Court:
The court found that the deceased died during the course of employment and that the compensation amount should be calculated based on the existing provision at the relevant time of the incident. The court also held that the insurance company was liable to pay interest on the amount of compensation. The court emphasized the need to establish a causal connection between the employment and the death and referred to legal precedents to support its decision.
Issues: The issues in the case included the determination of the compensation amount, the liability of the insurance company to pay interest, and the interpretation of the relevant legal provisions. The court also considered the causal connection between the employment and the death of the deceased.
Ratio Decidendi: The court's decision was based on the interpretation of the relevant legal provisions, the analysis of the evidence, and the application of legal precedents. The court emphasized the need to consider the date of the accident for determining the rate of compensation and highlighted the importance of establishing a causal connection between the employment and the death.
Final Decision: The court awarded compensation to the legal representatives of the deceased driver and held the insurance company liable to pay interest on the amount of compensation. The court's decision was based on the analysis of the evidence, the interpretation of the relevant legal provisions, and the application of legal precedents.
Rajiv Sharma, J.
This appeal has been instituted against Order dated 30.7.2015 rendered by the learned Civil Judge (Senior Division), Shimla exercising the powers of Commissioner, under the Employees Compensation Act, 1923, in W/C Case No. 07/02 of 2011/2009.
2. “Key facts" necessary for the adjudication of the present appeal are that the respondents No.1 to 4 have filed a petition under Section 22 of the Workmen Compensation Act seeking compensation of Rs. 10.00 Lakh. According to the averments made in the petition, respondents No.1 to 4 are the legal representatives of deceased Devinder Kumar. Respondents No.5 and 6 are transporters having a fleet of taxi/cars and luxury coach buses attached with Hotel Taj at Sector 17-D, Chandigarh. Deceased Devinder Kumar was engaged as a driver by respondents No.5 and 6 with effect from 21.12.2007. Initially his wages were Rs. 4,000/- per month. Later same were enhanced to Rs. 5,000/- per month. On 4.2.2009, Devinder Kmar was asked by the respondents No.5 and 6 to drop passengers at Srinagar (Jammu & Kashmir) in Innova car bearing No. CH-02-1611. He went to Srinagar. On 12.2.2009, while coming back from Jammu & Kashmir, deceased Devinder Kumar fell ill at Pathankot. He informed respondent No.5 about his serious illness. Respondent No.5 was at Amritsar. He immediately rushed to the spot alongwith Driver Karam Chand. On reaching the spot and seeing the serious condition of the deceased, respondent No. 5 directed Karam Chand to take the deceased to Chandigarh. Deceased was shifted to Chandigarh. He died on 13.2.2009. According to the averments made in the petition, deceased died during the course of employment with respondents No. 5 and 6. His date of birth was 19.7.1984.
3. Petition was contested by respondents No.5 and 6. According to their reply, death of Devinder Kumar was neither during the employment nor he died because of occupational disease. He died a natural death. He was not a regular employee. Post mortem of deceased was not conducted.
4. Appellant insurance company also contested the petition. Appellant has denied, for want of knowledge, that the deceased was working as a Driver with respondents No. 5 and 6.
5. Issues were framed by the learned Commissioner on 23.7.2012. He awarded a sum of Rs. 9,57,296/- to respondents No. 1 to 3.
6. Mr. Jagdish Thakur, Advocate, has vehemently argued that the deceased died a natural death. Deceased was not in possession of a valid and effective licence. He then contended that the wages of the deceased could not have been taken as Rs. 5,000/- in the absence of any documentary evidence. According to him, wages were to be taken at Rs. 4,000/- instead of Rs. 5,000/- since accident has taken place prior to the amendment dated 31.5.2010 vide Notification No. SO 1258(E). He also contended that no interest was liable to be paid by the Insurance Company.
7. Respondents No.1 to 6 were duly served, however, there was no representation on their behalf. They were ordered to be proceeded against ex parte on 9.5.2016. Application for setting aside ex parte order was moved on behalf of respondents No.1 to 4. Same was allowed on 4.7.2016 qua respondents No.1 to 4. Mr. J.R. Posal, Advocate, appearing for respondents No.1 to 4 has supported Order dated 30.7.2015.
8. I have heard the learned counsel for the parties and also gone through the Order and the record carefully.
9. PW-1 Hem Raj deposed that the deceased was his brother. He was working as a Driver with respondents No.5 and 6. He used to drive Innova car. He was engaged as a Driver with respondents No.5 and 6 from December 2007. Initially he was getting Rs. 4,000/- which was later enhanced to Rs. 5,000/-. In the month of February, 2009, deceased went to Srinagar. When he was coming back from Srinagar, he fell ill at Pathankot. He informed respondents No.5 and 6. Respondent No.5 sent Karam Chand to bring Devinder Kumar to Chandigarh. Age of deceased was 23 years.
10. Statement of PW-1 was duly corroborated
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