NATIONAL INSURANCE COMPANY LTD Vs. BASANTA KUMAR HOTA

JUDGEMENT

(1.) This appeal has been filed by the Insurance Company challenging the award dated 31.1.2011 passed by the learned Assistant Labour Commissioner-cum-Commissioner for Workmen's Compensation, Bhubaneswar in W.C Case No. 154 of 2002. It reveals from the record that the claimants-respondents Nos. 1 to 3 have filed a claim application bearing Misc. Case No. 22 of 2002 before the Motor Accidents Claims Tribunal, Jagatsinghpur which was subsequently transferred to the Court of learned 4th M.A.CT. Jagatsinghpur. The said Claim Application was ended in compromise and the said compromise was confirmed on 2.12.2004 and the amount was deposited as per the direction made in the Lok Adalat.

(2.) While the matter stood thus, the claimants have filed writ application bearing W.P. (C) No. 3683 of 2006 taking a plea that they have not filed the claim application and some impostors practising fraud filed the said case in their names and obtained an order. The appellant Insurance Company also contested in the writ application. The said writ application was disposed of on 16.9.2008 with a direction that if a petition is filed by the petitioners-claimants before the 11th M.A.C.T., Jagatsinghpur giving the details about the fraud practised, the Tribunal shall entertain the petition, cause an enquiry, if necessary, direct to initiate criminal proceeding against the persons who had initiated the claim petition and dispose of the case in accordance with law. The compensation awarded if not disbursed, shall not be disbursed till a decision was taken by the Tribunal.

(3.) Pursuant to such direction of this Court, the enquiry pending before the M.A.C.T., the same has not yet been finalized. Without awaiting for the enquiry report, the Commissioner has proceeded with the claim case in spite of the application filed by the Insurance Company to await till the enquiry made by the Tribunal has not been considered but award was passed. It appears that for the selfsame cause of action two claim applications have been initiated before two forums simultaneously i.e. one before Motor Accidents Claims Tribunal and the other before the Assistant Labour Commissioner-cum-Commissioner for Workmen's Compensation, which amounts to abuse of process of Court.