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Civil Appeal No. 937 of 2013 (Arising out of SLP (C) No. 1138 of 2012). Case: Oriental Insurance Company Ltd. Vs Dyamavva and Ors.. Supreme Court (India)

Judgment Cited in 5 Precedent Map Related
Vincent
Case NumberCivil Appeal No. 937 of 2013 (Arising out of SLP (C) No. 1138 of 2012)
CounselFor Appellant: M.K. Dua and Kishore Rawal, Advs. and For Respondents: D.P. Chaturvedi and S.N. Bhat, Advs.
JudgesB.S. Chauhan and Jagdish Singh Khehar, JJ.
IssueMotor Vehicles Act, 1988 - Sections 140, 141, 142, 143, 144, 165, 166, 167, 175; Workmen's Compensation Act, 1923 - Sections 3(2), 8, 8(1), 8(2), 8(3), 8(4), 8(5), 8(6), 8(7), 8(8), 8(9), 10, 10(1), 31, 8(2), 8(6), 8(7), 8(8)
Citation2013 (3) ABR 327, 2013 (1) ACC 424, 2013 ACJ 709, 2013 (III) AD 505 (SC), AIR 2013 SC 1853, 2013 (3) ALD 156, 2013 (2) AllMR 399 (SC), 2013 (1) AWR 449 (SC), 2013 (3) AWC 2473 SC, 2013 (2) BomCR 508, 2013 (2) CLT 69 (SC), 2013 (2) CDR 353 (SC), 2013 (1) CGLRW 201, 2013 (1) CGBCLJ 442, 2013 (2) CGLJ 30, 2013 (137) FLR 417, 2013 (2) JLJR 195, JT 2013
Judgement DateFebruary 05, 2013
CourtSupreme Court (India)

Judgment:

Jagdish Singh Khehar, J.

1. Yalgurdappa B. Goudar was employed as a Pump Operator in the Mechanical Engineering Department, and posted in the Old Power House, of the Mormugao Port Trust, Mormugao (for short, 'the Port Trust'). While discharging his duties in his aforesaid capacity during the course of the second shift on 19.4.2003, while pillion riding on a motorcycle bearing registration No. GA02L8479, he was hit by a tipper bearing registration No. TM 07 V 4548. Consequent upon the injury suffered by Yalgurdappa B. Goudar in the said accident, Yalgurdappa B. Goudar died on the spot. The aforesaid tipper was insured with the Oriental Insurance Company, i.e., the Appellant herein.

2. The most important factual aspect in the present controversy is, that Dayamavva Yalgurdappa the widow, and the dependants of Yalgurdappa B. Goudar, filed a claim petition under Section 166 of the Motor Vehicles Act, 1988 on 30.5.2003. Through the aforesaid claim petition, the widow and the children of the deceased Yalgurdappa B. Goudar sought compensation on account of the motor accident in the course whereof, the husband/father of the claimants had lost his life.

3. It is not a matter of dispute, that the Port Trust addressed a communication dated 4.11.2003 to the Workmen's Compensation Commissioner, Goa intimating him of the motor accident referred to hereinabove. Simultaneously, with the aforesaid intimation, the Port Trust deposited an amount of Rs. 3,26,140/- with the Workmen's Compensation Commissioner, as compensation payable to the dependants of the deceased Yalgurdappa B. Goudar under the Workmen's Compensation Act, 1923. Consequent upon the receipt of the aforesaid intimation (as also, the deposit of compensation), the Workmen's Compensation Commissioner issued a notice to the dependants of the deceased Yalgurdappa B. Goudar. Consequent upon the service of notice on the dependants of the deceased, hearing in the matter pertaining to disbursement of compensation to the dependants of Yalgurdappa B. Goudar, was fixed for 20.4.2004. On 20.4.2004 Dyamavva Yalgurdappa, the widow of the deceased Yalgurdappa B. Goudar, appeared before the Workmen's Compensation Commissioner and her statement was recorded by the Commissioner. In her statement she acknowledged the demise of her husband in a motor accident, while working in the employment of the Port Trust, in the second shift on 19.4.2003. She also placed on record the fact, that she had two sons and a daughter who were also dependents of the deceased. Based on her statement, she prayed for the release of the compensation deposited by the Port Trust, with the Workmen's Compensation Commissioner. Since the claim raised by Dyamavva Yalgurdappa, widow of Yalgurdappa B. Goudar was not contested by the employer, the amount of Rs. 3,26,140/- deposited by the Port Trust with the Workmen's Compensation Commissioner, was ordered to be mainly released to the Dyamavva Yalgurdappa, widow of Yalgurdappa B. Goudar, and partly to the daughter of the deceased Yalgurdappa B. Goudar. Out of the aforesaid amount, the daughter was held to be entitled to a sum of Rs. 50,000/-. The order dated 29.4.2004 is available on the record of this case. A relevant extract of the same is reproduced hereunder, which fully substantiates the factual position narrated hereinabove:

The opp. Party Mormugao Port Trust vide their letter dated 04.11.2003 had informed that Shri Gowder Yellagurdappa, ex-Pump Operator who was posted at the Old Power House while working on the second shift on 19.04.2003 met with an accident with a tipper truck and succumbed to the injuries sustained. The management further mentioned the date of birth of the deceased employee was 01.04.1956 and his monthly salary was Rs. 9,276/- at the time of his death and in terms of Workmen's Compensation Act, 1923, they deposited an amount of Rs. 3,26,140/- in this office towards compensation to be paid to the dependants of the deceased employee.

Notice was served on the parties and the hearing was fixed on 20.04.2004. During the course of hearing on 20.04.2004 the applicant stated that she is the wife of late Yellagurdappa Goudar. Her husband was working for Mormugao Port Trust in Mechanical Engineering Department as a Pump Operator. On 19.04.2003 her husband met with an accident. He was hit by a truck and succumbed to the injuries. He did on the spot. Besides her, she has got two sons viz., Shri Balappa Y. Goudar and Shri Basavraj Y. Goudar aged 21 years and 19 years respectively and one daughter Miss Yallava Y. Goudar, daughter aged 20 years who were dependants on the earning of her husband. She further stated that she is aware that the Opp. Party has deposited an amount of Rs. 3,26,140/- with this Authority which according to her the amount has been properly worked out as per Workmen's Compensation Act. She prayed that the said amount may be awarded to her and children as per the Workmen's Compensation Act.

The representatives of the Opp. Party Mr. S.V. Verekar, Labour Officer, who was present during the course of hearing on 20.04.2004 did not desire to cross the Applicant.

After having verified the records produced in the course of hearing and the fact that the Opp. Party deposited the amount accepting the liability to pay the compensation, I hereby order to pay the compensation to the dependants of late Yellagurdappa Goudar in the following manner:

.....

Consequently, the aforesaid compensation under the Workmen's Compensation Act, 1923 came to be released to the widow and daughter of Yalgurdappa B. Goudar.

4. Besides the compensation determined under the Workmen's Compensation Act, 1923, the claim raised by Dyamavva Yalgurdappa under Section 166 of the Motor Vehicles Act, 1988 was independently determined by the Motor Accident Claims Tribunal, Bagalkot. Vide an award dated 15.7.2008, the said Motor Accident Claims Tribunal awarded the claimants compensation of Rs. 11,44,440/-. Out of the aforesaid compensation, the Motor Accident Tribunal ordered a deduction of Rs. 3,26,140/-, (i.e., the amount which had been disbursed to the claimants by the Workmen's Compensation...

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