Still Waiting For Reasonable Compensation: SC Awards ₹6.6 Lakh Compensation To Truck Driver’s Family Who Died In Road Accident
The Supreme Court has awarded a compensation of Rs. 6,64,110/- to the family of a truck driver who died in a road accident on the ground that they are still waiting for reasonable compensation to be awarded.
The two-Judge Bench of Justice J.K. Maheshwari and Justice Aravind Kumar observed, “In the normal course, we would have remitted the matter back to the High Court for adjudicating the appeal on merits. However, we desist from doing so for the simple reason that the first claimant being a widow, the second claimant being the son and the third and the fourth claimants being the parents of the deceased are still awaiting for a reasonable compensation to be awarded. … we allow this appeal in part and set aside the impugned judgment dated 01.10.2018 passed in Miscellaneous Application No. 777 of 2014 by the High Court of Judicature at Patna and award a compensation of Rs.6,64,110/- (Rupees Six Lakhs Sixty Four Thousand One Hundred and Ten only) with interest @ 12% p.a. from one month from the date of accident till date of payment excluding the amount already paid or deposited by the first respondent-insurer.”
The Bench redetermined the quantification of the compensation by construing the income of the deceased at Rs. 6,000/- per month and adopted the appropriate factor having regard to the fact that he was 22 years at the time of his accidental death.
Advocate Atil Inam appeared on behalf of the appellants while Advocate Vishnu Mehra appeared on behalf of the respondents.
Brief Facts -
An appeal was preferred by the family of the deceased challenging the correctness and legality of the judgment of the Patna High Court whereby the plea assailing the order of the Deputy Labour Commissioner-cum-Commissioner for Workmen Compensation was partly allowed and the Reliance General Insurance Company Limited was directed to pay the compensation of Rs. 4,31,671/- to the claimants. The appellants were the wife, son, and parents of the deceased who was employed as a truck driver and met with a road accident.
During the course of employment, the deceased used to earn Rs. 6,000/- per month, and hence, the appellants lodged a claim petition before the Deputy Labour Commissioner. The 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/- per month 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 Workmen’s Compensation Act, 1923.
The Supreme Court in view of the above facts noted, “… the irresistible conclusion which we have to draw is, the unchallenged statement of the wife of the deceased who had deposed that her husband was earning Rs.6,000/- per month deserves to be accepted as gospel truth. We see no reason for disbelieving her statement. … the compensation that the claimants would be entitled to would be Rs.3,000 X 221.37 which is equal to Rs.6,64,110/- (Rupees Six Lakhs Sixty Four Thousand One Hundred and Ten only).”
The Court held that the mandate of the said Act insofar as payment of interest is concerned is clear and unambiguous viz., the claimants would be entitled to interest @ 12% per annum from one month after the date of accident till the date of payment.
“… claimants would be entitled to the interest accordingly, excluding the amount which is said to have been paid or deposited by the first respondent-insurer. … The balance amount shall be deposited by the first respondent-insurer before the Deputy Labour Commissioner-cum-Commissioner for Workmen Compensation, Magadh Division, Gaya, in C.W.C. Case No.24 of 2011 expeditiously and at any rate, within six weeks from the date of receipt of the copy of this order”, directed the Court.
Accordingly, the Court partly allowed the appeal and set aside the judgment of the High Court.
Cause Title- Mamta Devi & Ors. v. The Reliance General Insurance Company Limited & Anr.