Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.506 OF 2016
(Arising out of SLP ( C) No. 4835 of 2013)
INDRA KAUR & ORS. APPELLANTS
VERSUS
ROYAL SUNDRAM ALLIANCE INS.CO.LTD. & ANR. RESPONDENTS
J U D G M E N T
KURIAN,J.
1. Leave granted.
2. The appellants are the legal representatives of late
Pratap Singh. He was a driver employed by respondent
No.2-Devendra Singh. During the course of employment,
Pratap Singh met with an accident and died. The
appellants approached the Workmen's Compensation
Commissioner and by Award dated 26.05.2008, an amount of
JUDGMENT
Rs.4,03,320/- as compensation with interest @ 12% p.a.
on the compensation from 12.11.2005 was awarded.
3. The first respondent-Insurance Company challenged the
same before the High Court. The High Court set aside the
Award passed by the Commissioner on the ground that there
was no evidence before the Commissioner that late Pratap
Singh was employed by Devendra Singh, respondent No.2. On
the contrary, available evidence showed that Pratap Singh
was the partner of Devendra Singh.
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4. In the nature of the order we propose to pass in this
case, we do not think it necessary to go into those
aspects. The appellants have been rightly granted liberty
by the High Court to initiate proceedings under the Motor
Vehicles Act for compensation. The High Court has,
however, restricted the claim as against the alleged
offending vehicle, namely, Military Truck and its insurer.
We do not think that the approach was quite proper. The
appellants are free to proceed against respondent No.1 as
well and all the questions are to be decided by the
Tribunal at the time of considering the application for
compensation.
5. In that view of the matter, we make it clear that the
findings recorded by the High Court shall not stand in the
way of the Tribunal while conducting appropriate inquiry.
The Tribunal shall decide the matter on merits since the
appellants have been prosecuting their case with due
JUDGMENT
diligence before the Commissioner, the High Court and
before this Court. We also request the Tribunal to dispose
of the application expeditiously.
6. The appeal is disposed of with no order as to costs.
.....................J.
[KURIAN JOSEPH]
....................J.
[ROHINTON FALI NARIMAN
NEW DELHI;
JANUARY 22, 2016
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