Oriental Insurance Co. Ltd. v. Kusa Dalabehera alias Krushna
2001-07-23
B.PANIGRAHI
body2001
DigiLaw.ai
JUDGMENT B. PANIGRAHI, J. — This appeal is directed against the award passed by the Commissioner for Workmen's Compensation-cum-Assistant Labour Commissioner, Angul, in W.C.Case No. 34/97. 2. The facts involved in this appeal are stated below : The claimant's son Bikram Dalabehera was employed as a Driver in M/s. Golden Aqua Firm, Balasore, whose proprietor was one Swarup Kumar Das, present respondent No. 2. While said Bikram Dalabehera was driving the vehicle bearing Engine and Chasis No. DU 66867, a Jeep belonging to respondent No. 2, it met with an accident on 24.6.1997 near Basta at 12.30 p.m. as it collided against another Jeep bearing number WB 34-A-7999 which was coming from the opposite direction, as a result of which said Bikram Dalabehera sustained severe bleeding injuries and was immediately shifted to Rupsa Primary Health Centre and thereafter to the S.C.B. Medical College and Hospital, where he died on 30.6.1997. The Jeep in question was insured at the time of accident. The claimant, who is the father of said Bikram Dalabehera, filed an application claiming Rs. 2,50,000/- as compensation. It was claimed in the application that the deceased was getting Rs. 2,500/- besides daily allowance of Rs. 25/- and was aged 22 years at the time of accident. 3. The owner who was arrayed as opposite party No. 1 before the Commissioner filed his written statement whereby he admitted that the deceased was employed as a Driver at the time of accident. It was also indicated that the vehicle was covered under valid insurance policy Cover Note No. A/3631125. The Insurance Company, who was arrayed as opposite party No. 2 had disputed the entire case and also the driving licence of the deceased driver. 4. The Commissioner after thorough examination of the case found that the deceased was having a valid licence at the time of death in the accident and was employed as a Driver under respondent No. 2. He believed that the claimant was getting Rs. 2,000/- as salary per month and Rs. 20/- per day towards fooding allowance. His age was assessed to be 22 years at the time of accident. Therefore, in the above situation he directed the appellant-Insurance Company to pay Rs. 2,21,370/- as compensation. 5. Learned counsel for the appellant raised an initial objection with regard to the jurisdiction of the Commissioner.
2,000/- as salary per month and Rs. 20/- per day towards fooding allowance. His age was assessed to be 22 years at the time of accident. Therefore, in the above situation he directed the appellant-Insurance Company to pay Rs. 2,21,370/- as compensation. 5. Learned counsel for the appellant raised an initial objection with regard to the jurisdiction of the Commissioner. He submitted that the accident took place near Basta in the district of Balasore and the claim application was filed before the Commissioner at Angul and therefore, the Commissioner did not have the jurisdiction to pass such an award. Learned Advocate appearing for the claimant respondent No. 1 while repelling the said contention has relied upon the judgment of this Court reported in 2000 (I) OLR 422 (M/s. United India Insurance Co. Ltd. v. Muna Khan and another) wherein it was held that the claim can be filed anywhere according to the convenience and suitability of the claimant. Furthermore, on a cursory glance of the award impugned before, it is nowhere indicated that such a point was taken before the Commissioner. Therefore, it is too late to contend that the Commissioner at Angul did not have jurisdiction to take up the case. Accordingly, this submission of Mr. Mohanty, learned counsel for the appellant, is rejected. 6. It is next contended by learned counsel for the appellant that the claimant has not filed any document to establish that the deceased was getting Rs. 2,500/- per month towards his wages at the time of accident, nor was its established that he was getting Rs. 25/- per day towards food allowance. In the absence of such documents, the Commissioner should not have assessed the wage of the deceased at Rs. 2,000/- per month. The claimant's son was engaged in a Jeep by private owner. No salary certificate was issued. In 1997, it is not expected of any owner to have paid Rs. 2,000/- per month to a person particularly working as a driver in a jeep. Therefore, on a modest assessment, the monthly wage is fixed at Rs. 1,700/- and calculated at that rate the compensation amount comes to around Rs. 1,88,000/-. Accordingly, I modify the award of the Commissioner by directing the Insurance Company to pay Rs. 1,88,000/-. It is submitted that the entire awarded amount as directed by the Commissioner has been deposited and the same has been invested.
1,700/- and calculated at that rate the compensation amount comes to around Rs. 1,88,000/-. Accordingly, I modify the award of the Commissioner by directing the Insurance Company to pay Rs. 1,88,000/-. It is submitted that the entire awarded amount as directed by the Commissioner has been deposited and the same has been invested. In that event, let the claimant be paid Rs. 1,88,000/- along with proportionate accrued interest and the balance amount alongwith proportionate accrued interest be refunded to the Insurance Company within four weeks from today. With the above modification, the Misc. Appeal is allowed in part, but without any order as to costs. Misc. Appeal allowed in part.