Jharkhand High Court
Amrun Nisha vs Bhudev Panja on 7 April, 2022
IN THE HIGH COURT OF JHARKHAND AT RANCHI
M. A. No. 255 of 2013
1. Amrun Nisha
2. Khushbu .... .... Appellants
Versus
1. Bhudev Panja
2. The Oriental Insurance Company Limited, Dhanbad
3. Dayanat Rai .... .... Respondents
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CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
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For the Appellants : Mr. Mohammad Imran, Advocate
For the Respondents : Mr. Bibhash Sinha, Advocate
C.A.V. ON 15.02.2022 PRONOUNCED ON 07 / 04 / 2022
1. Claimants have preferred the instant appeal for enhancement of
compensation awarded in Claim case no. 52 of 2004.
2. Jasim Rai @ Khurshid Alam died in a motor vehicle accident
when the Trekker No. BR-13P-8753 on which he was travelling met with
an accident with another vehicle being Tata (407) bearing registration No.
BR-17G-1020. The accident is attributed by the claimants to the rash and
negligent driving by the driver of vehicle No. BR-17G-1020.
3. The Learned Tribunal recorded a finding that it was a case of
composite negligence of both the vehicles and apportioned the liability to
pay the compensation of 50% on the Oriental Insurance Company insurer
of Tata (407) vehicle no. BR-17G-1020 and 50% on owner of the Trekker
No. BR-13P-8753 since it was not insured at the relevant time of the
accident.
4. A preliminary objection has been raised on behalf of the
Insurance Company that after the full and final satisfaction of the award
amount the present appeal is not maintainable. It is submitted that
Judgment was delivered on 1.8.2012 by the Tribunal and on 11.12.2012
payment was received without raising any protest and therefore the
appellant had not right to file the instant appeal thereafter on 25.9.2013.
Reliance has been placed on the Judgment of the Patna High Court,
(Ranchi Bench) AFO.O No.534 of 1993 (R) Ignatia Kujur Vs. National
Insurance Company Limited wherein it has been held that once the
appellant had accepted the award and received the cheque and discharged
the receipts in the full and final settlement of award, appellant cannot be
said to be aggrieved by the award and no appeal will be maintainable for
enhancement of compensation.
5. This appeal presents an interesting question carrying of far
reaching consequences which calls for a balanced and a practical approach.
6. An accident occurs. There is death or injury. The need begins
that evening. How long can the compensation wait? During the period of
waiting what is the plight of those entitled to compensation? Do they run to
a moneylender? Or do they suffer further injury by delay? The question is
whether their "acceptance" of the compensation amount will be genuine or
coercion of circumstances? On the other hand, the lure for more can open
the flood gates and overburden an already burdened system as parties
whose claim has been finally settled by payment of the amount due may try
for further enhancement of compensation in the light of new principles of
assessment of compensation amount.
7. Compensation is a welfare legislation, but welfare cannot
become a lottery and source of endless litigation. Although acceptance of
full and final satisfaction of the compensation amount should normally
bring the matter to its end, save in exceptional circumstance it can be
demonstrated that acceptance of the final amount was as a result of
coercion by circumstance. This can be demonstrated when there is gross
error in computation of compensation amount as per the existing rules and
principles for its computation making it highly inequitable to the claimants.
An acceptance of an unfairly low compensation amount can be deemed to
be a coercion by circumstance and right of appeal cannot be cast away
simply because the same has been acceptance.
8. Here in the present case the full and final satisfaction of the
claim amount has been made by the Insurance Company and thereafter the
present appeal has been filed without any further or special ground for such
appeal. Under the circumstance, the appeal is not maintainable in view of
the ratio of the Patna High Court (Ranchi) Bench discussed above.
The appeal is dismissed.
The appellant Insurance Company is permitted to withdraw the
statutory amount deposited at the time of filing of the appeal.
(Gautam Kumar Choudhary, J.)
Jharkhand High Court, Ranchi
Dated the 7th April, 2022
NAFR / AKT
