The Oriental Insurance Co.Ltd. ... vs Rathod Lachiram 4 Ors
2021 Latest Caselaw 1347 Tel

         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

(2007) 7 SCC 445

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

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