Punjab-Haryana High Court
National Insurance Co. Ltd vs Presiding Officer on 11 August, 2014
Author: Ritu Bahri
Bench: Ritu Bahri
CWP No. 9517 of 2014 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
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CWP No. 9517 of 2014 Date of decision : August 11, 2014 ***** National Insurance Co. Ltd.
............Petitioner Versus Presiding Officer, Permanent Lok Adalat PUS, Sirsa and another ...........Respondents ***** CORAM: HON'BLE MS. JUSTICE RITU BAHRI ***** Present: Mr. R.C Kapoor, Advocate for the petitioner.
***** RITU BAHRI, J Challenge in this petition is to the Award dated 30.12.2013 (Annexure P-1) passed by the Permanent Lok Adalat, Public Utility Services, Sirsa.
Respondent no.2-M/s The Sirsa Bansivat Co-operative L/C Society (hereinafter referred to as `the Society') filed an application under Section 22-C of the Legal Services Authorities Act, 1987 before the Permanent Lok Adalat claiming the compensation for the death of one Vikram Singh under the Workmen Compensation Act (hereinafter referred to as `the Act'). The Society got the work of repair and maintenance at Power Stations, Faridabad falling under Faridabad Circle of Dakshin Haryana Bijli Vitran Nigam and for this RITU 2014.08.13 11:11 I attest to the accuracy and integrity of this document Chandigarh CWP No. 9517 of 2014 2 purpose got insurance policy bearing No. 420700/41/10/8600000017 under the Act from the petitioner for the period w.e.f. 6.9.2010 to 5.9.2011. One employee, namely Vikram Singh son of Sh. Rattan Lal died on 11.3.2011 while he was on duty. FIR No. 26 dated 11.3.2011 was lodged in the Police Station Bhupani, District Faridabad. Post mortem examination was conducted on the dead body of Vikram Singh at B.K General Hospital, Faridabad. The Society wrote a letter to the petitioner in this regard and claimed compensation of the death of Vikam Singh under the Act. Dakshin Haryana Bijli Vitran Nigam paid a sum of Rs.5,00,000/- to the legal heirs of the deceased vide cheque No. 299225 dated 11.3.2011. This amount was thereafter claimed from the Society.
On notice by the Permanent Lok Adalat, the petitioner contested the claim. They filed a written reply and the stand taken was that the Society had purchased workmen compensation policy under lesser value and adjustable value. The Society did not disclose the monthly salary its employees. The premium for the same was charged on the basis of the lesser value. The Society could not establish the relationship of an employee and employer with the deceased Vikram Singh. The Insurance Company is not bound to compensate the Society if the authorities of DHBVN, Faridabad has paid any amount to the family members of the deceased. The Permanent Lok Adalat made attempts for an amicable settlement and thereafter proceeded to decide the petition on merits with the consent of the parties.
RITU2014.08.13 11:11 I attest to the accuracy and integrity of this document Chandigarh CWP No. 9517 of 2014 3
On behalf of the Society, Sh. Pawan Mehta, Advocate tendered Ex.P-1 copy of insurance policy, Ex. P-2, Copy of death certificate of Vikram Singh, Ex. P-3 copy of post mortem report of Vikram Singh, Ex. P-4 copy of letter dated 27.4.2011, Ex.P-5 copy of FIR, Ex. P-6 copy of letter dated 14.3.2011, Ex.P-7 copy of affidavit, Ex.P-8 copy of attendance sheet, Ex.P-9 copy of letter dated 3.10.2011, Ex.P-10 copy of legal notice dated 25.5.2012.
Learned counsel appearing on behalf of the Insurance Company tendered in evidence documents, Ex.R-1 copy of legal notice, Ex.R-2 copy of reply of legal notice, Ex.R-3 copy of letter received from Executive Enginer, Ex.R-4, copy of affidavit of Smt. Seema, Ex.R-5 copy of letter dated 30.10.2011.
Before the Permanent Lok Adalat, the execution of insurance policy Ex.P-1 and the version with respect to death of Vikram Singh supported by the death certificate copy Ex.P-2 post mortem report, Ex.P-3 and FIR Ex.P-5 were not disputed by the Insurance Company. In view of the above facts, the Permanent Lok Adalat proceeded to decide the case on merits. The Society placed on record Ex.P-8 copy of Bill No.116 pertaining to the month of March 2011 showing that 15 employees were working showing deceased Vikram Singh was one of them. This document shows the salaries of each employee with his working days during the month of March 2011. From the perusal of this document it is clear that Vikram Singh worked with the Society only for 11 days during the said month. Thus in view of Ex.P8, the plea of the Insurance Company that no RITU 2014.08.13 11:11 I attest to the accuracy and integrity of this document Chandigarh CWP No. 9517 of 2014 4 evidence was led by the Society to establish the relationship of the employee and the employer was rightly rejected by the Lok Adalat.
Moreover, even if Dakshin Haryana Bijli Vitran Nigam had given Rs.5,00,000/- to the legal heirs of the deceased vide cheque No. 299225 dated 11.3.2011, this will not exempt the Insurance Company from their liability to make the payment under the Act and the Policy Ex.P-1. It was not disputed by the Insurance Company that the policy Ex P-1 was given by them for the period 6.9.2010 to 5.9.2011 and a premium of Rs. 98,226/- was received by them. Once the policy had been accepted and the respondent Society had given the details as per Ex P-8 with respect to the employees and their salaries, the direction given by the Permanent Lok Adalat to make the payment of the amount of compensation admissible under the Policy Ex P-1 on account of death of Vikram Singh to the legal heirs along with 9% interest does not require any interference. Moreover once the Insurance Company had given a consent to proceed and lead evidence before the Permanent Lok Adalat a plea cannot be taken that the Lok Adalat had no jurisdiction to decide the case on merits.
Writ petition is dismissed.
August 11, 2014 ( RITU BAHRI )
ritu JUDGE
RITU
2014.08.13 11:11
I attest to the accuracy and
integrity of this document
Chandigarh