Delhi High Court
Karamjit Kaur & Ors. vs Union Of India & Anr. on 3 January, 2018
$~4
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 03rd January, 2018
+ W.P.(C) 7917/2013
KARAMJIT KAUR & ORS. ..... Petitioner
Through: Ms. Aruna Mehta and Mr. Sanjeev
Mehta, Advs.
versus
UNION OF INDIA & ANR. ..... Respondents
Through: Mr. A.S. Dateer and Mr. Gurpreet
Singh, Advs.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
JUDGMENT (ORAL)
1. The petitioners are seeking compensation for the death of late Richpal
Singh in the accident dated 03rd October, 2007.
2. Late Richpal Singh was working with the Northern Railways as
Senior Loco Inspector. On 03rd October, 2007 at 03:15 hours, late Richpal
Singh was of on duty on the steam locomotive engine of the train named
'Palace on wheels' in which there was a sudden explosion in the boiler of
the steam engine which resulted in the fatal burn injuries to Richpal Singh.
The deceased was survived by his widow and two children who have filed
this petition.
3. Learned counsel for the Railways submits that this writ petition filed
after more than six years of the accident is barred by delay and latches.
Without prejudice, it is submitted that this writ petition is not maintainable
as the Railways deposited a compensation of Rs. Rs.3,86,757/-
(Rs.3,68,340/- along with interest of Rs.18,417/-) under the Employee's
Compensation Act, 1923 with the Commissioner, Employees'
Compensation and the said amount had been withdrawn by the petitioners. It
is further submitted that the Railways paid an ex-gratia amount of
Rs.6,13,243/- (Rs.15,000 + Rs.5,98,243) to the petitioners. As such, total
compensation of Rs.10,00,000/- (Rs.3,86,757/- as employee's compensation
and Rs.6,13,243/- as ex-gratia payment) has been made to the petitioners
who are not entitled to any further compensation.
4. Learned counsel for the Railways further submits that the Railways
have given compassionate appointment to petitioner No.1 as a Clerk and she
has now been promoted as a Senior Clerk and is drawing a salary of more
than Rs.45,000/-. It is further submitted that Railways paid total amount of
Rs.20,36,773/-, including the aforesaid amount of Rs.10,00,000/- mentioned
in para 3 above, to the petitioners. The breakup of Rs. 20,36,773/- is
reproduced hereunder:-
"1. Funeral Charges Rs.2000/-
2. Ex-Gratia at the time of death Rs.15000/-
3. REBF Rs.25000/-
4. PF Rs.1,36,613/-
5. Insurance Rs.46424/-
6. Leave Encashment Rs.65463/-
7. DCRG (Death cum Rs.3,50,000/-
Retirement Gratuity)
8. Arrears Revised DCRG Rs.2,81,340/-
(Revised after Sixth Pay
Commission)
9. Arrears Revised Leave Rs.15,400/-
Encashment (difference after
Sixth Pay Commission)
10. Pension (revised) @Rs.14762 + DA admissible
11. Revised Pay arrears of Sixth 40% = Rs.73550/-
pay commission 60% = Rs.26221/-
12. Ex-gratia payment Rs.5,98,243/-
13. WCA (Workman Rs.3,68,340/-
Compensation Act) (interest Rs.18,417/- deposited with
CWC)
14. Appointment Mrs.Karamjit Kaur w/o Late Sh.
Richh Pal Singh ex SLI/SSB has
been given appointment as Sr. Clerk
on Compensate Ground."
5. Learned counsel for the petitioner submits that the compensation
deposited by the respondent with the Commissioner, Employees'
Compensation was withdrawn by the petitioner without prejudice to their
right to claim further compensation. However, no document has been placed
on record to show that the amount was received without prejudice. It is
further submitted that the withdrawal of the compensation under the
Employee's Compensation Act does not bar the petitioners for claiming
further compensation. With respect to the ex-gratia amount of Rs.6,13,243/-
paid by the respondent, learned counsel for the petitioner admits that receipt
of the ex-gratia amount and submits that the payment of the ex-gratia
amount also does not affect the petitioners right to claim further
compensation. Learned counsel for the petitioners further admits the receipt
of dues to the tune of Rs.20,36,773/- as well as the compassionate
appointment given by the Railways to petitioner No.1. With respect to the
plea of delay and latches, it is submitted that the petitioners No.2 and 3 were
minors and, therefore, the petition is not barred by delay and latches.
6. In the present case, the petitioners have received amount of
Rs.10,00,000/- in consequence of the accidental death of the deceased in the
accident dated 03rd October, 2007. This Court is of the view that the
petitioners have received reasonable compensation of Rs.10,00,000/- from
the respondent (Rs.3,86,757/- by way of compensation under the
Employee's Compensation Act and Rs.6,13,243/- as ex-gratia payment) and
they are not entitled to any further compensation in this writ petition. The
petitioner's contention that the ex-gratia amount paid by the respondent
cannot be treated/adjusted against the compensation is rejected. The law in
this regard is well settled that the pecuniary advantage received by them as a
consequence of the accidental death is treated as compensation. The
petitioners claims for further compensation is not maintainable. Reference
be made to Helen C. Rebello v. Maharashtra State Road Transport Corp.,
(1999)1 SCC 90, United India Insurance Co. Ltd. v. Patricia Jean
Mahajan, (2002) 6 SCC 281 and Reliance General Insurance Company
Ltd. v. Shashi Sharma, (2016) 9 SCC 627. This Court also notes that the
compassionate appointment has been given by the Railways to the petitioner
who is now promoted to the rank of a Senior Clerk.
7. There is no failure of duty on the part of the respondent in view of the
employee's compensation Rs.3,86,757/- voluntarily deposited by the
Railways with the Commissioner, Employees' Compensation as well as the
payment of an ex-gratia amount of Rs.6,13,243/- by the Railways to the
petitioners and the compassionate appointment given by Railways to
petitioner No.1. There is no merit in this writ petition which is hereby
dismissed.
8. Copy of this judgment be given dasti to learned counsels for the
parties under signature of Court Master.
JANUARY 03, 2018 J.R. MIDHA, J.
ak
