THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM
CIVIL MISCELLANEOUS APPEAL No. 3197 of 2004
J U D G M E N T:
This Appeal arises under the Workmen's Compensation Act, 1923, against the order dated 02.12.2003 in W.C.No.214 of 2003 on the file of the Commissioner for Workmen's Compensation and the Assistant Commissioner of Labour, Nizamabad.
The lorry bearing Registration No.APJ 822, on which Smt. Kamalabai Rathod (deceased) and other labourers were said to have been employed, was insured with the appellant Insurance Company. The said vehicle involved in an accident on 07.04.2002. Before the Competent Authority, the claims were laid on behalf of driver, cleaner and labourers, who were injured in the accident and Smt. Kamalabai Rathod died. Taking into consideration the nature of duties discharged by them, compensation was determined to be paid. In this case, the legal heirs of Smt. Kamalabai Rathod were on record.
Though, initially, it was contended that there is no jural relationship of employer and employee, learned counsel for the appellant had raised a ground that as per Rule 252 of the Motor Vehicles Rules, a maximum of seven persons including driver can be carried on a vehicle. Learned counsel for the appellant fairly submits that the amount of compensation is required to be worked out in terms of the formula laid down in the judgment of the Hon'ble Supreme Court in National Insurance Company Limited v. Anjana Shyam and others1. At the instance of this Court, learned counsel for the appellant company was directed to calculate the pro-rata amount as per the formula indicated in the 1 (2007) 7 SCC 445 2 above-said judgment in consultation with the learned counsel for respondent No.1, to avoid delay, considering the fact that the accident was occurred in 2002 and the compensation was determined in 2003. Accordingly, both the learned counsel had undertaken the exercise of apportioning the amount to each claimant, and had filed a joint memo dated 23.04.2021. The same is placed on record.
The Appeal is therefore, allowed in part, in terms of the joint memo, modifying the order under Appeal to the extent that respondents No.1 to 4 are entitled to a sum of Rs.64,344.02 Ps. towards compensation with interest @ 12% per annum after one month from the date of the accident till the date of realization, in view of Section 4-A(3)(a) of the Workmen's Compensation Act, 1923.
Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.
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CHALLA KODANDA RAM, J 26th April 2021 ksld