Beaten up, electrocuted and forced to resign

No dual compensation benefit from two Acts

Rejecting the appeal of Oriental Insurance Company (OIC), the Supreme Court has held that the dependents of a worker who dies in the course of employment are entitled to compensation both under the Workmen’s Compensation Act and under the Motor Vehicles Act.

In the case of Oriental Insurance Company Ltd vs Dyamavva & Ors, a pump operator at the Mormugao Port Trust had died in an accident while discharging his duties. The widow and the dependents had filed a compensation claim petition under the Motor Vehicles Act 1988 in May 2003. Meanwhile, the Port Trust had deposited compensation of R3,26,140 with the Workmen’s Compensation Commissioner payable to the dependants under the Workmen’s Compensation Act, 1923.

However, the claim raised by the widow under the Motor Vehicles Act, 1988 was independently determined by the Motor Accident Claims Tribunal, which awarded a compensation of R11,44,440. Out of the compensation, the tribunal had ordered a deduction of the amount that had been disbursed by the Workmen’s Compensation Commissioner.

Aggrieved by the tribunal’s order, the insurance firm had moved the Karnataka High Court contending that since the claimants got compensation under the 1923 Act, they were barred under the Motor Vehicles Act to claim compensation once again. Both the HC and the Supreme Court rejected OIC’s contention on the grounds that the dependents had not claimed damages twice; they moved only the tribunal. However, the apex court adjusted

... contd.