2 04.03.2021 Heard Sri S.S.Rao vs Unknown
2021 Latest Caselaw 3200 Ori

                                 F.A.O.No.249 OF 2005
                        C.M.P. No.1360 of 2015




12   04.03.2021                  Heard Sri S.S.Rao, learned counsel for the
                  appellant and Sri S.Das, learned counsel appearing for the
                  claimant-respondents.
                               This is an appeal filed in the year 2005 challenging
                  the judgment dated 25.3.2003 passed by the Additional District
                  Magistrate     and Commissioner for Workmen's Compensation,
                  Bolangir in W.C. Case No.5 of 1997.
                               Appellant-Insurance Company challenges the award
                  involving death of a driver firstly on the premises that for the
                  death of the owner after filing show cause, he was not there to at
                  least establish that the claimant was employed by him. Secondly,
                  the workman has also not adduced any evidence to at least
                  establish that he was in employment under the owner. Further,
                  there also remains a dispute with regard to driving licence
                  involving the claimant who has also died in the meantime and the
                  matter appears to be pending in a writ petition in this Court. It is
                  for the above grounds, Sri Rao, learned counsel for the
                  appellant-Insurance Company submits that there is no proper
                  appreciation of the grounds raised herein and the judgment of the
                  Commissioner becomes contrary to the material available on
                  record.
                               Undisputedly, the owner has died after filing of
                  response to the claim petition, not only that in the pendency of
                  the F.A.O., the claimant has also died and is substituted by his
                  legal representatives presently representing the case. Claimant
                  since died in the meantime further with the death of owner even,
                  no purpose will be served remanding the matter back.
                               It is at this stage of the matter, this Court looking to
                  the quantum of compensation of Rs.66,400/- in favour of a dead
                  employee and involving an incident taking place on 20.05.1992
                  and particularly keeping in view that the owner is no more
                  available to     support either the workman or the Insurance
                          -2-




      Company, this Court is not inclined to interfere in the impugned
      judgment involved herein.
                 Consequently, the appeal stands dismissed but,
      however this order will not be a precedent to any other case
      involving such dispute. Since the claimant has died in the
      meantime, the awarded amount already kept under fixed deposit
      to be released along with accrued interest in favour of the legal
      heirs by utilizing equal proportionate amongst the legal heirs on
      proper application and identification. The claimants are directed
      to report the Additional District Magistrate and Commissioner for
      Workmen's Compensation, Bolangir in W.C. Case No.5 of 1997
      to facilitate the disbursal of the compensation with interest with
      copy of this order within two weeks. The amount involved be also
      released within a period of two weeks further.
                 Appeal thus stands disposed of.

                                                             .
sks                                          BISWANATH RATH,J.