Smt. Mallika Saha (Deb) vs Smt. Putul Rani Deb
2023 Latest Caselaw 107 Tri

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                    HIGH COURT OF TRIPURA
                      _A_G_A_R_T_A_L_A_

                         MFA(EC) No.03/2022

1. Smt. Mallika Saha (Deb), W/O. Late Sabyasachi Deb.
2. Smt. Sahasrata Deb, D/O. Late Sabyasachi Deb.
Both are residents of Taranagar, Mohanpur, P.S.-Sidhai, District-West
Tripura. Appellant No.2 being minor represented by her mother natural
guardian.
                                                 ......Appellant(s)
                             VERSUS
1. Smt. Putul Rani Deb, W/O. Sri Khirod Ch. Deb, resident of Taranagar,
Mohanpur, P.S.-Sidhai, District-West Tripura. (Owner of the vehicle
bearing No.TR-01-Z-0304.
2. New India Assurance Company Ltd., Agartala Division No.4, Mantribari
Road, P.S.-West Agartala, District-West Tripura.
                                                   ......Respondent(s)

For Appellant(s) : Mr. Debalay Bhattacharya, Sr. Advocate, Mr. Samar Das, Advocate.

For Respondent(s) : Mr. Alik Das, Advocate.

HON'BLE THE CHIEF JUSTICE (ACTING) Date of hearing and Judgment : 24th January, 2023.

JUDGMENT & ORDER(ORAL)

Heard Mr. Debalay Bhattacharya, learned senior counsel

assisted by Mr. Samar Das, learned counsel appearing for the claimant-

appellants and also heard Mr. Alik Das, learned counsel appearing for the

respondent No.2-insurance company.

[2] The present appeal under Section 30 of the Employees'

Compensation Act, 1923 is directed against the award dated 28.04.2021

passed by the learned Commissioner, Employees' Compensation, West

Tripura, Agartala in T.S(E.C.) No.10 of 2013 whereby the learned

Commissioner rejected the claim petition filed by the appellants herein.

[3] The case of the appellants, in a nutshell, is that on

25.02.2012 at the dead hours of night while the deceased Sabyasachi Deb

was driving the vehicle bearing No.TR-01-Z-0304 and reached near

Fatikcherra at about 4.30 a.m., the vehicle dashed a tree in a turning due

to brake failure resulting which said Sabyasachi Deb succumbed to his

injuries at the spot. It was alleged that deceased aged about 31 years

during his lifetime was an employee under his mother would earn wages

of Rs.6,000/- per month and beside this, he would also earn Rs.8,000/-

from other business and in total his income was alleged to be Rs.14,000/-.

It was also alleged that the deceased died out of an accident which arose

out of and in course of his employment. Accordingly, the claimants filed

application under Sections 4, 4(A), 10 and 22 of the Employees'

Compensation Act praying for compensation of Rs.25,00,000/-.

[4] The respondent No.1 (owner of the vehicle) contested the

claim petition by filing written objection contending that deceased was

her engaged driver having valid driving license. She also admitted that

the deceased died out of the said accident and she used to give Rs.6,000/-

per month to him as wages and the said vehicle was insured with the New

India Assurance Company Limited at the time of accident. On the other

hand, the insurance company through their written objection denied the

accident as well as death of the victim in course of his employment and

prayed for dismissal of the claim petition.

[5] On the basis of the pleadings and after hearing the parties, the

learned Commissioner framed issues and on appreciating the evidence on

record rejected the claim of the appellants herein (claimants) by the

impugned award dated 28.04.2021. Being aggrieved and dissatisfied with

the impugned award dated 28.04.2021 the claimants have preferred the

instant appeal.

[6] Mr. Debalay Bhattacharya, learned senior counsel appearing

for the claimant-appellants contends that the learned Commissioner without

appreciating the facts of the case as well as documentary evidence

produced on record including evidence of the claimant erred in deciding the

issues involved and as such, the award is liable to be set aside. He also

contends that the learned Commissioner also did not consider the deceased

son to be treated as an employee under his mother (owner of the vehicle)

for extending benefit under the Employees' Compensation Act.

Accordingly, he prays for setting aside the impugned award dated

28.04.2021 passed by the learned Commissioner, Employees'

Compensation, West Tripura, Agartala in T.S(E.C.) No.10 of 2013 by

awarding just compensation to the claimants.

[7] On the other hand, Mr. Alik Das, learned counsel for the

respondent-insurance company has strongly opposed the submissions

advanced by the learned counsel for the appellants contending that the

learned Commissioner did not commit any error while passing the award.

The learned Commissioner passed the award after appreciating the

evidence on record. Accordingly, he prays for dismissal of the appeal filed

by the claimant-appellants.

[8] After hearing the learned counsel for the respective parties,

this Court is of the considered view that nil award passed by the learned

Commissioner needs to be interfered with. Accordingly, I now proceed to

reassess the amount of compensation afresh.

As far as the present case is concerned, the claimant-wife in

her examination-in-chief averred that her husband, i.e. the deceased used to

earn Rs.6,000/- per month as wages from his employment and at the time

of accident, the deceased was 34 years old. The respondent-owner, i.e.

mother of the deceased in her written objection also stated that her son was

being paid a salary of Rs.6,000/- per month and he died in course of his

employment.

Accordingly, from the aforesaid pleadings of the claimant-

wife as well as owner, this Court is of the considered view that it would be

appropriate to take the wages of the deceased at Rs.6,000/- per month. 50%

of that wages comes out to Rs.3,000/- per month and the same has to be

multiplied by the relevant factor according to Section 4(1)(a) of the

Employees' Compensation Act. The relevant factor in the case of a 34 year

old person is 199.40 according to Schedule IV of the Act and, therefore, the

compensation works out to Rs.5,98,200/-.

In additional thereto, the claimants are held entitled to

Rs.5,000/- towards funeral expenses.

Therefore, the total amount of compensation is re-assessed at

Rs.(5,98,200 + 5,000) = Rs.6,03,200/-.

[9] Accordingly, the appeal is allowed. The award dated

28.04.2021 passed by the learned Commissioner, Employees'

Compensation, West Tripura, Agartala in T.S(E.C.) No.10 of 2013 is set

aside and the amount of compensation is re-assessed at Rs.6,03,200/-. On

this amount, the claimants shall also be entitled to interest @ 12% per

annum from the date of filing of the claim petition before the Court below

till payment/deposit of the amount. The Insurance Company is directed to

deposit the amount of compensation along with interest in the Registry of

this Court within four months from today.

[10] In view of the above, the appeal is allowed and disposed of to

the extent as indicated above.

Send down the lower court records forthwith.

Pending application(s), if any, also stands disposed of.

CHIEF JUSTICE (ACTING)

Pulak