NUNGSHITON BEGUM Vs. UNITED INDIA INSURANCE CO LTD

JUDGEMENT

(1.) THE aforesaid appeals are being disposed of by this common judgment as both appeals are arising out of the same judgment-cum-award of the learned Commissioner for Workmen's Compensation under the Workmen's Compensation Act. , MFA No. 2 of 2005 has been filed by the claimants challenging the judgment-cum-award dated 18. 05. 2005 passed by the learned Commissioner in Claim Case No. 17 of 2000, whereby he has deducted a sum of Rs. 1. 5 lakhs paid as ex-gratia compensation by the State Government from the total award. MFA No. 3 of 2005 has been filed by the Commissioner (Election), Government of Manipur challenging the same judgment-cum-award awarding a sum of Rs. 3,69,500/- and directing that the entire award has to be satisfied by the Election (Commissioner), after deduction of ex-gratia payment.

(2.) I have heard learned counsel for the appellants, I have also perused the impugned judgment and the records.

(3.) BRIEF facts, which are necessary to dispose of the above appeals, are summarized below:-The deceased, Md. Anwai Husan @ Anwar Hussai, was a driver by profession. He was engaged by Shri Dasarath Prasad to drive his motor vehicle No. MNP-3544 (Truck ). In the year 2000, Assembly Elections were held in the State of Manipur. Hence, the Election Department needed certain vehicles for election duty. At the request of the said department, police requisitioned the aforesaid offending vehicle through the transport department of the State. The vehicle was requisitioned for the aforesaid purpose w. e. f. 01. 02. 2000 and same was placed at the disposal of the Election Department. On 27. 02. 2000, the driver of the truck was ferrying few CRPF constables from one place to another. Suddenly, the truck skidded off the road and met with an accident. As a result of the accident, the driver and one CRPF constable sustained injuries and ultimately the driver succumbed to the injuries. Hence, the wife and children of the driver filed an application before the Commissioner. Workmen's Compensation Act, 1923 seeking compensation of Rs. 5,06,000/ -. The said case was registered as Claim Case No. 17 of 2000.