NEW INDIA ASSURANCE CO LTD Vs. BIDAMI

JUDGEMENT

(1.) THIS appeal has been filed by the appellant insurance company under section 30 of the Workmen's Compensation Act, 1923 aggrieved by the award of the Workmen's Compensation Commissioner. Jodhpur dated 31.3.2008 in Claim Case No. 11 of 2006.

(2.) THE facts in brief giving rise to this appeal are that the husband of Bidami Bai, respondent No. 1, namely, Pappu Ram, while driving truck No. RJ 19-1 G 3189 coming from Mumbai to Jodhpur in the night between 29.7.2003 and 30.7.2003 collided with trailer No. HR 55-0707 and in the said accident Pappu Ram lost his life. THE wife of the said deceased Pappu Ram, namely, Bidami Bai and her children Mamta, Rekha and Munna initially filed Claim Case No. 103 of 2005 on 16.5.2005 before Motor Accidents Claims Tribunal, Jodhpur and the said claim was awarded on 30.11.2005 and a sum of Rs. 4,60,333 was paid to the claimants towards the said death, in January 2006. THEreafter some where in June 2006, it appears that the same claimants filed present claim before the Workmen's Compensation Commisioner against the employer and owner of the truck being driven on the date of accident by Pappu Ram. namely, truck No. RJ 19-1 G 3189 impleading the owner Gopi Ram as the employer-respondent and the appellant New India Assurance Co. Ltd. as respondent. In M.A.C.T. Case No. 103 of 2005. these claimants had impleaded tortfeasor, namely, owner Bhim Sen, driver and insurer, the same insurance company, namely, New India Assurance Co. Ltd. of other offending vehicle, namely trailer No. HR 55-0707, in which they were awarded a compensation of Rs. 4,60,333.

(3.) WHILE dealing with the case of compensation under the provisions of Motor Vehicles Act, the Hon'ble Supreme Court found that the widow of the deceased had been provided compassionate appointment by the same employer who was drawing almost same salary as the deceased was and in order to arrive at just and fair compensation, the Hon'ble Apex Court reduced the amount of compensation arrived at by the M.A.C.T. and upheld by the High Court of Rs. 8,48,106 to Rs. 5,00,000 in full and final settlement of claim. WHILE discussing the principles relating to assessment of damages under the Fatal Accidents Act, the court observed that any benefit accruing to the dependants by reason of the relevant death must be taken into account and under those Acts the balance of loss and gain to a dependant by the death must be ascertained. Relying upon the earlier decision of the Supreme Court in the case of Gobald Motor Service Ltd. v. R.M.K. Veluswami, 1958-65 ACJ 179 (SC) and Davies v. Powell Duffryn Associated Collieries Ltd., (1942) AC 601, in para 7 of the judgment and judgment of the Supreme Court in the case of Helen C. Rebello v. Maharashtra State Road Trans. Corpn., 1999 ACJ 10 (SC), in para 9 of the judgment, Hon'ble Apex Court held as under: