Union of India and Anr v. Smt Nima Lama and 3 Ors

JUDGMENT AND ORDER (CAV) Heard Ms. A. Gayan, learned counsel representing the appellants. Also heard Mr. K. Bhattacharjee, learned counsel appearing for the respondents.

¶2This is an appeal under Section 173 of the Motor Vehicles Act challenging the judgment and award dated 10.04.2014 passed by the Motor Accident Claims Tribunal, Sonitpur in MAC Case No.311/2008.

¶3On 08.01.2008, the deceased Mingmar Lama was driving a vehicle bearing Registration No.06E-66746. Suddenly, due to break fail, the vehicle fell into a 100 meter deep gorge. As a result of the accident, Mingmar Lama died.

¶4The deceased Mingmar Lama was a casual employee under the Commandant of GREF. His widow filed a claim petition before the Tribunal seeking compensation. Page No.# 3/4

¶5The appellants contested the case by filing written statement. The appellant pleaded that an amount of ₹2,35,627/- was already paid to the claimants as compensation.

¶6The appellants further pleaded that at the relevant time, the vehicle bearing Registration No.06E-66746 had skidded on the ice and that is why the incident took place. The appellants denied the plea of failure of the breaking system.

¶7On the basis of the pleadings, the Tribunal framed the following issues: I. Whether the victim Mingmar Lama died as a result of vehicular accident of the vehicle bearing Registration No.06E-66746 as alleged? II. Whether the claimants are entitled to compensation as prayed for?

¶8At the time of hearing, the Claimant No.1/Respondent No.1 Smti. Nima Lama examined herself.

¶9On the basis of the evidence on record, the Tribunal awarded a compensation of ₹5,67,000/- along with interest at the rate of 9% per annum.

¶10The present appeal has been filed with the plea that the aforesaid amount of ₹2,35,627/- should be deducted from the compensation granted by the Tribunal.

¶11Mr. Bhattacharjee has submitted that as per the Notification No. F.No.BRDB/04(224)/2006-GE.II dated 14.01.2009 issued by the Border Roads Development Board under the Ministry of Shipping, Road Transport and Highways, ex gratia payment of ₹2,35,627/- was made and according to this Notification, the said ex gratia payment would be in addition to the Workmen's compensation as applicable as per Workmen's Compensation Act, 1923. Mr. Bhattcharjee therefore submitted that the aforesaid amount of ₹2,35,627/- is not deductable from the compensation amount awarded by the Tribunal.

¶12I have considered the submissions made by the learned counsel of both sides. Page No.# 4/4

¶13An employee dies in a motor accident and therefore, the employer pays ex gratia money to the legal heirs of the deceased employee. Thereafter, the legal heirs of the deceased employee files a petition seeking compensation from the same employer and the Tribunal awards a compensation amount to be paid by the same employer.

¶13Therefore, the employer would be liable to pay money twice for the same incident. In my considered opinion, this proposition of fact is not acceptable. Had the legal heirs of the deceased filed an application seeking compensation from the Insurance Company, then the position would have been different. But here, the same person has been made liable to pay compensation twice for the same incident.

¶14Under the aforesaid circumstances, I have decided to agree that the amount of ₹2,35,627/- is liable to be deducted from the compensation granted by the Tribunal.

¶15The appeal is allowed. The impugned judgment and award stands modified. The appellants shall pay the compensation granted by the Tribunal after deducting ₹2,35,627/- therefrom. The appeal is disposed of. Send back the LCR.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010002412015 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oMACApp./258/2019o UNIONoOFoINDIAoandoANR.o REPRESENTEDoBYoTHEoCHIEFoENGINEER,oPROJECToVARTAKo(GREF)oC/Oo 99oAPO 2:oOFFICERoCOMMANDING o90oRCCoGREF oC/Oo99oAPo VERSUSo SMToNIMAoLAMAoando3oORSo W/OoLATEoMINGMARoLAMA,oR/OoCHARIDUAR,oP.OoandoP.S.oCHARIDUAR,o DIST.oSONITPUR,oASSAM 2:SRIoNONOoLAMA oS/OoLATEoMINGMARoLAMA oR/OoCHARIDUAR oP.O.oandoP.S.oCHARIDUAR oDIST.oSONITPUR oASSAM. 3:SRIoDOLMAoLAMA oS/OoLATEoMINGMARoLAMA oR/OoCHARIDUAR oP.O.oandoP.S.oCHARIDUAR oDIST.oSONITPUR oASSAM. 4:SRIoPEMAoLAMA oS/OoLATEoMINGMARoLAMA oR/OoCHARIDUAR Page No.# 2/4 P.O. and P.S. CHARIDUAR DIST. SONITPUR ASSAM Advocate for the Petitioner : C.G.C. Advocate for the Respondent : MS B TALUKDAR (R-1 TO 4) PRESENT THE HON'BLE MR. JUSTICE PARTHIVJYOTI SAIKIA For the Appellants : Ms. A. Gayan, C.G.C. For the Respondents: Mr. K. Bhattacharjee, Advocate. Date of Hearing : 21.05.2024. Date of Judgment: 28.05.2024.