NEW INDIA ASSURANCE CO LTD Vs. PENNAMMA KURIEN

JUDGEMENT

(1.) The short question mooted in this appeal is this: Can a claim be made for compensation under the Workmen's Compensation Act, 1923 (for short 'WC Act') after dismissal of an application made before Motor Accidents Claims Tribunal (for short 'Claims Tribunal'). Appellant (M/s. New India Assurance Company Limited) contends mat such a claim is not maintainable in law. Legality of the said contention requires consideration.

(2.) Facts: A claim was made by the legal heirs of one Kurien in respect of a motor (jeep) accident which happened on 9-5-1988 while the said Kurien was driving the jeep (KLW 3057). As he died in the accident, the claim was preferred by his legal heirs before the Claims Tribunal. But the claim was repelled on the ground that the accident happened due to the negligence of the deceased Kurien. However, the Claims Tribunal had ordered a sum of Rs. 15,000/- to be paid to the claimants under "no fault liability" as envisaged in Chapter VII A of the Motor Vehicles Act, 1939 (which corresponds to Chapter X of the Motor Vehicles Act, 1988)- (For short the former will, hereinafter, be referred to as the Old M.V. Act and the latter as the present M.V. Act).

(3.) Legal heirs of deceased Kurien then made a claim under the provisions of W.C. Act The Workmen's Compensation Commissioner ('the Commissioner' for short) fixed a sum of Rs.77,856/- as compensation payable by the employer of the deceased Kurien to his legal heirs. As the liability was covered by an insurance policy, the Commissioner has directed the insurer to pay the amount. The said award of the Commissioner is now being challenged by the insurer in this appeal filed under S.30 of the W.C. Act.