KISMAT SINGH Vs. PIARIYA DEVI & ORS

JUDGEMENT

(1.) The greatest challenge before the judiciary today is frivolous litigation. False claims are a huge strain on the judicial system. In Subrata Roy Sahara v. Union of India, (2014) 8 SCC 470, the Supreme Court observed that the Indian judicial system is grossly afflicted with frivolous litigation and a mechanism needs to be evolved to deter litigants from their compulsive obsession towards senseless and ill-considered claims. Relevant portion of the said judgment is reproduced hereunder:

(2.) The appellant has challenged the order dated 8th April, 2011 whereby the Commissioner, Employee's Compensation awarded a compensation of Rs. 3,27,705/- and funeral charges of Rs. 2,500/- along with interest @ 12% per annum w.e.f. 30th October, 2004 to the respondents.

(3.) Respondent No.1 is the mother and respondent No.2 is the son of late Ajay @ Mahavir Mehto (hereinafter referred to as "Ajay") and they filed an application for compensation before the Commissioner, Employee's Compensation against the appellant on the averments that Ajay was working in the appellant's factory at Village Ranhola, Nangloi, Najafgarh Road, Delhi and was drawing a salary of Rs. 3,000/- per month; the appellant had a number of factories and Ajay used to carry fatta/balli from one factory to another; on 17th September, 2004, Ajay demanded his unpaid salary of Rs. 96,000/- whereupon the appellant asked him to finish the work and come later to receive the amount; when Ajay came back to receive the amount, the appellant, in connivance with his muscle men, namely, Mahinder, Radhey Shyam and Dinesh assaulted him, which resulted in serious injuries to Ajay who was taken to the hospital; he died due to the injuries on 30th September, 2004; Ajay was married to Promila Devi who left her matrimonial home after the death of Ajay, leaving behind her minor son, Master Manish (respondent No.2) with his grandmother (respondent No.1); an FIR No.868/2004 was registered by the police under Sections 341/323/34 I.P.C. at P.S. Nangloi; respondent No.1 issued the notice dated 24th May, 2006 to the appellant; the death of Ajay was a result of the accident dated 17th September, 2004 which arose out of and during the course of his employment with the appellant.