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HIGH COURT OF JAMMU AND KASHMIR
RAHUL BHARTI, J
NATIONAL INSURANCE CO. – Appellant
Versus
DHANI RAM ( LR OF LATE HAR DEI) AND ANR. – Respondent
MA 144 / 2017
(A) Employees Compensation Act, 1923 - Claim for compensation for death due to accidental injuries during employment - Award of Rs.5,28,000/- including interest was granted by the Commissioner Employees Compensation - Insurer appealed against the award, claiming non-liability due to absence of accident arising out of employment. (Paras 1-8)
(B) Legal representatives - The mother of the deceased passed away during the appeal, leaving the father as the legal representative to pursue the claim. (Paras 4-5)
(C) Application for release of award amount - The father of the deceased sought release of the awarded amount citing financial responsibilities. (Paras 7-8)
(D) Liability of insurer - The appellant contended that the death did not occur due to an accident arising out of employment, thus denying indemnity. (Paras 8-9)
Findings of Court:
The court noted the procedural aspects regarding the transfer of awarded amount and the legal representation following the death of the claimant.
Issues: The main issues included the determination of liability of the insurer and the validity of the claim for compensation.
Ratio Decidendi: The court emphasized the need for legal representation and the implications of the claimant's death on the proceedings.
Result: Adjourned with a directive for future hearing.
ORDER :
1. Respondents No. 1 & 2 had petitioned the Commissioner Employees Compensation (Assistant Labour Commissioner), Jammu with a claim petition on file No. Death-16/E.C. Act/2012 on 07.04.2012 for seeking compensation under the Employees Compensation Act, 1923 for the death of their son – Darshan Lal, who is said to have suffered accidental injuries in the course of his purported employment as driver of vehicle No. JK02A-3509 insured by the appellant.
2. The Commissioner Employees Compensation (Assistant Labour Commissioner), Jammu came to award a compensation of Sr. No. 19 2 MA No. 144/2017 IA No. 2/2018 an amount of Rs.4,07,700/- along with interest of an amount of Rs.1,20,300/-, totalling to Rs.5,28,000/- in favour of the claimants/ respondents No.1 & 2 herein by virtue of an award dated 31.03.2017 against which the appellant as an insurer of the offending vehicle came forward with the present statutory appeal.
3. By virtue of an order dated 05.06.2017, the operation of the impugned award was stayed subject to deposit of the awarded amount along with updated interest.
4. During the pendency of the instant appeal, the respondent No. 1-Har Devi, the mother of the deceased-Darshan Lal died leaving behind the respondent No. 2- Dhani Ram (father) as legal representative of the respondent No. 1- Har Devi to pursue the matter both in his own right as well as being the legal representative.
5. This Court, in terms of an order dated 06.10.2023 came to direct transfer of the deposit award amount from the office of Commissioner Employees Compensation (Assistant Labour Commissioner), Jammu to this Court which amount transfer has taken place as is born out from the office noting dated 20.03.2024 showing that an amount of Rs.7,50,245/- having been transferred to the Registrar Judicial, Jammu.
6. With regard to the service status of the respondent No. 3, as per the office notice dated 31.08.2017, the appellant has not MA No. 144/2017 IA No. 2/2018 furnish registered postal cover for getting the respondent No. 3-Manzoor Ahmed served.
7. The respondent No. 2 – Dhani Ram, father of the deceased, came up with an application on 01.09.2018 seeking release of the award amount, citing the fact that he is a labourer having two daughters and three sons to look after and maintain.
8. This application has been objected to by the appellant on the ground that the death of deceased-Darshan Lal had not occurred due to an accident arising out of the course of his employment and, therefore the appellant is not liable to indemnify the owner of the vehicle insured and that is the respondent No. 3.
9. On account of absence of learned counsel for the appellant this application cannot be taken for consideration.
10. Await appearing counsel for the appellant.
11. Adjourned.
12. In the event of non-appearance of learned counsel for the appellant on the next date of hearing the aforesaid application shall bear an order at the risk and cost of the appellant.
13. List on 31.08.2024.
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