MAINAM NONGMEIKAPAN TOMBI DEVI Vs. STATE OF MANIPUR

JUDGEMENT

(1.) Heard Mr O. Chittaranjan, learned counsel for the petitioner and also Mr R.S. Reisang, learned Addl. Govt. Advocate for the State respondents. An award/compensation has been made by the Commissioner, Workmens' Compensation, Manipur, Imphal to the tune of Rs.73,319/- (Rupees seventy three thousand three hundred and nineteen) under the related award dated 22nd November, 1995 passed in Claim Case No. 17 of 1995. The present writ petitioner Smt. Mainam (N) Nongmeikapam (O) Tombi Devi and her children left behind by the deceased N. Ingocha Singh, are entitled to receive the said award/money of compensation payable by the Chief Engineer, Department of Power, Government of Manipur, Imphal and; the Commissioner for Workmen's Compensation, Manipur, Imphal directed the respondent No. 2, the Chief Engineer concerned to deposit the said award/compensation money on or before 20.12.1995 with the Commissioner concerned due to the present petitioner and her children but. the said Chief Engineer did not pay any amount being compensation to the present writ petitioner till today without assigning any reason. Mr O. Chittaranjan, learned counsel submitted that a great injustice has been done to the poor lady/woman, the present writ petitioner and her children despite the existence of award since November, 1995. On the other hand, Mr R.S. Reisang, learned additional Govt. Advocate for the State respondents in his usual frankness submitted that necessary order may be passed from the end of this Court.

(2.) The late husband of the petitioner namely N. Ingocha Singh was workman who was serving under the respondents-Department as a Driver since the year 1986, and while he was on duty i.e. while driving the Department's jeep carrying police personnel met an: ambush carried out by unknown extremist near Kotland (NH-53) and in the said ambush, the petitioner's husband received many bullet injuries and succumbed to the injuries on the spot. The petitioner thereafter approached the competent authority for help and some financial assistance from the Department of Power, Govt. of Manipur but the respondents particularly, the respondent No. 2, the Chief Engineer (Power), Electricity Department, Govt. of Manipur and other authorities serving under the Chief Engineer concerned did not pay even a single rupee being compensation to the petitioner and her children who are entitled for appropriate compensation from the authority concerned. Having no alternative, she approached the Commissioner for Workmen's Compensation, Manipur, Imphal for ventilating her grievance and thereafter, the Commissioner for Workmen's Compensation made an award on 22.11.1995 to the tune of Rs. 73,319/- to and in favour of the petitioner and her children i.e. the dependants of the deceased N. Ingocha Singh Mr O. Chittaranjan argued. The learned counsel also contended that having no alternative, the petitioner approached this Court with this writ petition.

(3.) Upon hearing the learned counsel for the parties and also on perusal of the available materials on record, I am of the view that the writ petitioner has enforceable legal right in the instant case and, she and her children i.e. the dependants of the deceased N. Ingocha Singh shall be paid Rs.73,319/- i.e. the compensation money through the present petitioner by the respondent No. 2, the Chief Engineer (Power), Electricity Department, Govt. of Manipur within a period of 3 (three) months from today. It is made clear that the interest @ Rs.12% per annum towards the awarded money of Rs. 73,319/- shall also be paid to the petitioner and the rate of interest mentioned above shall be operative/applicable for the period from 20.12.1995 till the final payment of the said compensation money is made. It is further made clear that the said Chief Engineer (Power) concerned shall deposit the compensation money/awarded money with the Commissioner, Workmen's Compensation, Manipur, Imphal within the stipulated period mentioned above and the petitioner is at liberty to withdraw the same after she is properly identified by a learned lawyer.