Karnataka High Court
United India Insurance Co., Ltd vs Mohammed And Anr. on 15 July, 1998
Equivalent citations: ILR1998KAR3541, (1999)ILLJ1068KANT
Author: B.K. Sangalad
Bench: B.K. Sangalad
JUDGMENT B.K. Sangalad, J.
1. This appeal by the Insurance Company is filed against the award in WCA CR 24/NF/94 dated 20.2.95 passed by the Commissioner for Workmen's Compensation.
2. The first respondent has filed an application claiming the compensation of Rs. 2,00,000/- as he met with an accident on 29.9.93. He was working as Driver under the employment of second respondent.
3. The Learned Counsel for the Appellant submitted that the case was referred before the Lok Adalath and the parties had agreed for the compensation of Rs. 80,664 and compromise application was filed under Order 23 Rule 3 of CPC before the Commissioner. But the Commissioner has not passed the award in terms of the compromise arrived at before Lok Adalath and he has awarded Rs. 1,00,830/-. The Learned Counsel for the Appellant submits that when there is already an award made by Lok Adalath, it was not open for the Commissioner to go in with the proceedings and pass award. On the otherhand, Mr. Manohar, Learned Counsel for Rule 1, submitted that in view of Section 17 of the Workmen Compensation Act, 1923, the award passed by the Commissioner is correct.
4. In view of these contentions, now it is to be seen whether the order passed by the Commissioner requires to be interfered.
5. The Learned Counsel for the Appellant has relied upon a decision in the case of UNITED INDIA INSURANCE COMPANY LTD., v. PATRAMMA, . in this case it is clearly held that there cannot be any interference unless it is manifestly shown that the award is bad or perverse or so inherently wrong. The facts in this case are more or less similar to the facts on the case on hand. Even in the cited case, the agreed amount was Rs. 59,735/- but the Tribunal passed an award for Rs. 78,088/-. In this case also the agreed amount was Rs. 80,664/- but the Commissioner has passed an award for Rs. 1,00,830/-.
6. In my opinion, Section 17 of the Act does not come in the way of the award made by the Lok Adalath and if at all the claimant was not happy with the award made by the Lok Adalath, he could not have agreed to file compromise petition. Once the compromise petition is filed before the Commissioner, the Commissioner is estopped from resorting to procedural irregularity. He is left with no option otherwise than drawing a decree. If the claimant had taken any objection and had filed application that he was not prepared to accept the award of the Lok Adalat, then the Commissioner could have proceeded in accordance with law. Moreover this is not an agreement arrived between the private parties. The award passed by the Lok Adalat has got the sanctity. In the light of this submission, the following order is passed.
In the result, the appeal is allowed. The award passed by the Commissioner is set-aside and the award passed by the Lok Adalt is confirmed. The Appellant is directed to pay the compensation of Rs. 80,664/- Respondent No. 1. If it is already paid, then the matter ends.