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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Sushil Kukreja
Tata AIG General Insurance Company Ltd. – Appellant
Versus
Shibi Devi – Respondent
JUDGMENT :
Sushil Kukreja, J.
1. Since all the appeals arise out of a common award, they are heard together and are being disposed of by this common judgment.
2. The present appeals have been filed by the appellant(s) against the impugned award dated 22.06.2023, passed by learned Commissioner, Employee’s Compensation Act, Theog, District Shimla, H.P., in Petition No. 7-2 of 2015.
3. Succinctly, the facts giving rise to the present appeal are that Sh. Raju was employed as driver with respondent No. 1 in a truck bearing Registration No. HP 62- 1556. On 03.10.2013, when he was coming from Chandigarh to Theog in the aforesaid truck, which was loaded with bricks, suddenly the truck rolled down near Housing Board Colony, Theog. In the said accident, Raju sustained injuries on his person and as such, he was taken to Civil Hospital, Theog, wherefrom, he was referred to PGI, Chandigarh. However, on the way to Chandigarh ,he died at Solan. Post mortem of the deceased was conducted by the Medical Officers at Solan, vide post mortem No. 55/13, dated 04.10.2013 and FIR No. 135, dated 03.10.2013 was lodged at Police Station, Theog. At the time of accident, deceased was about 43 years of age and was
Only one claim petition is maintainable per cause of action under the Employee’s Compensation Act, preventing subsequent claims by other dependents once a settlement has been reached.
Legal representatives can file for compensation without proving dependency; statutory compensation fixed under Section 140(2) forms part of the deceased's estate.
Legal representatives under the Motor Vehicles Act can claim compensation even if not dependents, affirming broader interpretations of eligible claimants.
Compensation under the Motor Vehicles Act cannot be reduced due to benefits received from compassionate employment; all dependents are entitled to fair compensation for their loss.
Legal representatives must establish their dependency to claim compensation under Section 166 of the Motor Vehicles Act, 1988.
The main legal point established in the judgment is that legal representatives, who were not the original claimants, could only represent the estate of the deceased claimant and were entitled to shar....
The Motor Vehicles Act requires consideration of all dependents in compensation claims following a vehicular death, affirming broader interpretative criteria for determining legal representatives.
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