TANULATA PRADHAN Vs. MAHENDRA PRASAD

JUDGEMENT

(1.) The present appeal has been directed against judgment dated 28.07.2008 passed by the Assistant Labour Commissioner-cum- Commissioner for Workmen's Compensation, Orissa, Bhubaneswar (for short, 'the Commissioner') in W.C. Case No. 53 of 2004.

(2.) Appellants' case in a nutshell is that on 23.09.2001 at about 12.20 P.M. while the deceased-Bishnudev Pradhan was driving a Tata Sumo bearing registration No. OR-02-S-0006 and going towards Puri, near Sakhigopal, the offending bus bearing registration No.OR-02-G-3519 coming from the opposite direction being driven in a rash and negligent manner dashed the Tata Sumo. On account of such accident, the driver of the Tata Sumo succumbed to the injury. The said accidental death being a tort-feasance, the legal representatives of deceased filed one MACT Case bearing Misc. Case No.474 of 2001 against the owner of the bus, Bhubanananda Satpathy and the insurer of the said Bus, Oriental Insurance Company Limited. In the said MACT Case, legal representatives of the deceased got the compensation of Rs.2,75,000/- from the insurer of the offending bus, i.e., Oriental Insurance Company. Thereafter, the said legal heirs of the deceased filed another case against the employer-owner of the Tata Sumo, Mahendra Prasad and his insurer, United India Insurance Company Ltd. for compensation on account of death of the deceased-Bishnudev Pradhan which was caused out of and in course of his employment bearing W.C. Case No. 53 of 2004 in the Court of the Assistant Labour Commissionercum- Commissioner for Workmen's Compensation, Orissa, Bhubaneswar.

(3.) After hearing both the sides, learned Commissioner dismissed the case of the claimants on the ground that since legal heirs of the deceased have already got the compensation under the Motor Vehicles Act, they will not get compensation under the Workmen's Compensation Act in W.C.Case No.53 of 2004. Hence, the present appeal.