Tata Motors Limited vs Smt. Bilasi Nag & Others
2023 Latest Caselaw 1736 Jhar

IN THE HIGH COURT OF JHARKHAND AT RANCHI
             (Civil Miscellaneous Appellate Jurisdiction)
                    M.A. No. 126 of 2018
                           ........

Tata Motors Limited .... ..... Appellant Versus Smt. Bilasi Nag & Others .... ..... Respondents

CORAM: HON'BLE MR. JUSTICE KAILASH PRASAD DEO ............

For the Appellant : Mr. V.P. Singh, Sr. Advocate.

Mr. Amit Kumar Das, Advocate.

Mrs. Rashmi Kumar, Advocate.

For the Respondent No. 1: Mr. Shubhashis Rasik Soren, Advocate.

Ms. Sobha Lakra, Advocate.

The matter is being taken up through Video Conferencing. Learned counsel for the parties have no objection with it and submitted that the audio and video qualities are good.

........

06/25.04.2023.

From perusal of record, it appears that respondent no. 2, namely, Ms. Nilam Tabita Nag, daughter of Late Nelson Nag has died at the time of judgment itself and respondent no. 3, Nimir Emlina Nag, daughter of Late Nelson Nag has been married and resides in the district of Chaibasa, though her mother Smt. Bilasi Nag has already accepted her notice and appeared through learned counsel, Mr. Shubhashis Rasik Soren, by filing Vakalatnama.

Learned counsel for the respondent no. 1, Mr. Shubhashis Rasik Soren assisted by learned counsel, Ms. Sobha Lakra has submitted, that they will file appropriate application with regard to respondent no.2 and they will also file Vakalatnama on behalf of respondent no. 3, Nimir Emlina Nag before this Court.

Learned senior counsel, Mr. V.P. Singh assisted by learned counsel for the appellant, Mr. Amit Kumar Das and Mrs. Rashmi Kumar has submitted, that the substantial question of law is "Whether a court can grant 20% penalty on the compensation amount without assigning any reason and contrary to the provisions of law?"

Learned senior counsel, Mr. V.P. Singh has further submitted, that other ground taken by the appellant is that for compensation, the workman must die in course of employment while on duty.

The other ground taken by the appellant has been considered by this Court and is being negated on the ground that the place of

occurrence, where the victim fell down, is the premises of the Tata Motors and the learned Tribunal has discussed the entire issue at paragraph- 25, 26 & 27 of the impugned award.

Learned senior counsel, Mr. V.P. Singh has further submitted that so far quantum of compensation is concerned, the same has been calculated with respect to notification of the year 2010, whereas the date of occurrence is 02.01.2009, as such the computation of compensation is also on excessive side.

Learned counsel for the respondent no. 1, Mr. Shubhashis Rasik Soren has submitted, that the awarded amount has already been disbursed to the respondents / claimants, but some time may be granted to assist this Court properly.

Let the appeal be admitted.

Call for the L.C.R. from the court of Presiding Officer, Labour Court-cum-Commissioner, Employees / Workmen Compensation Act, Jamshedpur in W.C. Case No. 7/2011.

Since the amount has already been disbursed to the respondents / claimants, put up this case in the month of July, 2023 under the heading "For Hearing".

(Kailash Prasad Deo, J.) Sunil/-