Page 1 1

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.869 OF 2016

(Arising out of S.L.P . (C) No. 1903 of 2015)

JAYA BISWAL & ORS. ………APPELLANTS

Vs.

BRANCH MANAGER, IFFCO TOKIO GENERAL

INSURANCE COMPANY LTD. & ANR . ………RESPONDENTS

J U D G M E N T

V. GOPALA GOWDA, J.

Leave granted.

2.The present appeal arises out of the impugned judgment

and order dated 13.08.2014 passed in F.A.O. No. 472 of

2013 by the High Court of Orissa at Cuttack, wherein

the learned single Judge reduced the amount of

compensation awarded to the appellants by the learned

Commissioner for Employees’ Compensation from

Rs.10,75,253/- to Rs.6,00,000/- and also waived the

award of 50% penalty with interest.

Page 2 2

3.The brief facts of the case required to appreciate the

rival legal contentions advanced on behalf of the

parties are stated here under:

The elder son of appellant Nos. 1 and 2 worked as a

truck driver with one Bikram Keshari Patnaik

(respondent no. 2 herein). On 19.07.2011, he met with

an accident while on his way to deliver wheat bags in

the truck from Berhampur, Orissa to Paralakhemundi,

Andhra Pradesh. He sustained severe injuries on the

back of his head and died on the spot. The cleaner of

the truck, who was present at the time of the accident,

gave information regarding the accident to the Mandasa

Police Station, Srikakulam, whose personnel reached the

spot and conducted the inquest, prepared the panchnama

and sent the body of the deceased for post mortem. The

cleaner also informed the father of the deceased

(Appellant No.1 herein), who made arrangements for

taking the dead body of his son back to the native

village for cremation. On 03.11.2011, the appellants,

being the father, mother and younger brother of the

deceased, filed claim petition W.C. Case No. 61 of 2011

Page 3 3

before the Court of the Commissioner for Workmen’s

Compensation, Berhampur, Ganjam District. The claim of

the appellants was that the deceased was aged around 26

years at the time of death and had died while he was in

and during the course of employment of respondent no. 2

herein. They claimed that he was getting monthly wages

at Rs.4,000/- per month, daily bhatta (allowance) at

Rs.200/- which comes to Rs.6,000/- per month, along

with additional trip benefit amounting to Rs.3,000/-,

the total amounting to Rs.13,000/- per month. On this

basis, they claimed a lump sum of Rs.18,00,000/- as

pecuniary damages towards loss of past and future wages

and loss of earning. They claimed additional amount of

Rs.20,000/- towards funeral expenses, Rs.30,000/-

towards mental agony, physical shock and pain, and

Rs.50,000/- towards expectation of life and

Rs.1,00,000/- towards loss of estate, inconvenience and

hardships caused to the family members of the deceased

on account of the death of deceased.

Page 4 4

4.In response, the owner of the truck, respondent no.2

herein filed a Written Statement and denied his

liability. He claimed that he was not liable to

compensate the deceased as he had died on the spot due

to his own negligence, as he had tried to enter the

vehicle while it was in motion. Respondent no. 2 also

contended that in any case he is not liable to pay the

amount as claimed by the appellants. He submitted in

the Written Statement that he has been paying only Rs.

100/- per day as wages, and Rs. 50/- per day as bhatta.

Further, he had already given financial assistance to

the father of the deceased for the cremation. The

learned Employees Compensation - cum- Assistant Labour

Commissioner considered the above aspect of the matter

at length and arrived at the conclusion that the

deceased was working in the employment of Respondent

no.2 at the time of his death and that he had lost his

life in an accident caused during and in the course of

his employment with Respondent no.2. The learned

Commissioner relied upon the testimony of the witnesses

Page 5 5

to construct the following chain of events leading up

to the accident:

“The deceased was working as a driver in truck

No. OR 15J-1047 owned by the O.P.I……On 19-07-

2011 at about 4.30 A.M., the deceased received

personal back head injury near Sandhigam

village by vehicular accident arising out of

and in course of his employment as a driver of

the truck No. OR 15J-1047 which was loaded with

wheat bags. He along with the cleaner Sarada

Prasana Patnaik loaded the said wheat bags on

18-07-2011 at about 11.30 P.M. at godown. On

the way, they stopped and kept the vehicle and

took the rest and slept there on 18-07-2011.

Another truck bearing No. OR 07B-8791 which was

also followed with the offending vehicle had

also halted and stopped there along with them.

They all had taken rest and slept there and got

up early morning at about 4.30 A.M. on

19.07.2011 and started to proceed to

Paralakhemundi for unloading the goods. While

to proceed, the deceased had started the

vehicle but the vehicle did not start. Hence,

the deceased and the cleaner got down from the

vehicle and checked the battery box and removed

the wooden log piece kept for obstructing the

right wheel of the said truck. After removal of

the wooden log piece, the vehicle moved to run

down. The deceased saw that the vehicle was

moving ahead, he immediately climbed into the

vehicle through the iron stepping of the truck,

but unfortunately, he fell down from the truck

and sustained severe and grievous bleeding

injuries on the back side of the head and died

at the spot. The vehicle proceeded few distance

on the public road and capsized in the field.

Thereafter, he and the cleaner of the vehicle

saw the condition of the deceased and had

consulted with the village Revenue Officer of

Page 6 6

Sandigam village and told the fact. They

immediately reported the matter to the police,

Mandasa Police Station and informed the same to

the O.P.I as well as to the father of the

deceased.”

5.Further, Respondent no.2 had also admitted before the

learned Commissioner that the death of the deceased had

occurred due to an accident arising out of and during

the course of the employment for which a compromise was

sought to be reached by Respondent no.2 with the

appellants, to the amount of Rs.3,50,000/-.

Accordingly, the learned Commissioner came to the

conclusion that the deceased was an ‘employee’ within

the meaning of the Employee’s Compensation Act, 1923

(hereinafter referred to as the “E.C. Act”) and had

died in an accident arising out of and in the course of

his employment under Respondent no.2. The learned

Commissioner, relying on the date of birth of the

deceased as 01.07.1984, as mentioned in the driver’s

license and Transfer Certificate, came to the

conclusion that the age of the deceased was 27 years at

the time of the accident. On the question of the

monthly wages being earned by the deceased at the time

Page 7 7

of his death, the learned Commissioner concluded that

the contentions advanced by Respondent no.2 that he was

being paid wages of Rs. 100/- per day and bhatta of Rs.

50/- per day cannot be believed. The vehicle in which

the accident had occurred possessed a National Route

Permit, and the deceased often drove the vehicle to

destinations outside the state. He was also a highly

skilled workman. In the light of the said fact stated

by the appellants, the wages of Rs.4,000/- per month

and bhatta of Rs.200/- per day and trip charges of

Rs.3,000/- per month (i.e.Rs.13,000/- per month) seemed

genuine. Accordingly, the learned Commissioner

calculated the compensation as under:

Rs.8,000/- (wage limited to) x 50% x 213.57 (27 years

of age factor)

= Rs.8,54,280/-

The learned Commissioner further awarded an interest @

12% per annum to the appellants from the date of

accident, as well as Rs.20,000/- as the cost of

proceedings, the total amount of compensation thus

coming to Rs. 10, 75, 253/-.

Page 8 8

6.Aggrieved by the same, the Insurance Company filed an

appeal under Section 30 of the E.C. Act before the High

Court of Orissa at Cuttack. The learned single Judge

allowed the appeal and set aside the award passed by

the learned Commissioner. The learned single Judge of

the High Court held as under:

“Considering the submissions made by the

learned counsel for the parties and keeping in

view the findings of the Commissioner as given

in the impugned award with regard to the

quantum of compensation amount awarded and the

basis on which the same has been arrived at, I

feel, the interest of justice would be best

served, if the awarded compensation amount of

Rs.10,75,253/- is modified and reduced to

Rs.6,00,000/- However the award of 50% penalty

with interest @12% per annum is not proper and

justified and the same is accordingly waived.

Accordingly, the claimants are entitled to

modified compensation amount of Rs.6,00,000/-

on which no penalty or interest is payable. The

impugned award is modified to the said extent

only.”

7.The present appeal has been filed by the appellants

challenging the correctness of impugned judgment and

order passed by the High Court.

8.Mr. Alakh Alok Srivastava, the learned counsel

appearing on behalf of the appellants contends that the

Page 9 9

High Court committed a grave error in entertaining an

appeal under Section 30(1) of the E.C. Act, which reads

as under:

“30. Appeals (1) An appeal shall lie to the

High Court from the following orders of a

Commissioner namely:-

(a) an order as awarding as compensation a lump

sum whether by way of redemption of a half-

monthly payment or otherwise or disallowing a

claim in full or in part for a lump sum;”

*************************************

The proviso to the Section reads as under:

“Provided that no appeal shall lie against any

order unless a substantial question of law is

involved in the appeal and in the case of an

order other than an order such is referred to

in clause (b) unless the amount in dispute in

the appeal is not less than three hundred

rupees…”

(emphasis laid by this Court)

9.The learned counsel contends that the High Court could

not have entertained the appeal under Section 30(1) of

the E.C. Act in the light of the fact that no

substantial question of law was involved in the

appeal. The learned counsel places reliance on a

decision of this Court in the case of T.S. Shylaja v.

Page 10 10

Oriental Insurance Co. & Anr.

1

, wherein this Court held

that the High Court committed an error in entertaining

an appeal against the decision of the Compensation

Commissioner without answering or framing any

substantial question of law. In that case, this Court

held as under:

“10. The only reason which the High Court has

given to upset the above finding of the

Commissioner is that the Commissioner could not

blindly accept the oral evidence without

analysing the documentary evidence on record.

We fail to appreciate as to what was the

documentary evidence which the High Court had

failed to appreciate and what was the

contradiction, if any, between such documents

and the version given by the witnesses examined

before the Commissioner. The High Court could

not have, without adverting to the documents

vaguely referred to by it have upset the

finding of fact which the Commissioner was

entitled to record. Suffice it to say that

apart from appreciation of evidence adduced

before the Commissioner the High Court has

neither referred to nor determined any question

of law much less a substantial question of law

existence whereof was a condition precedent

for the maintainability of any appeal under

Section 30. Inasmuch as the High court remained

oblivious of the basic requirement of law for

the maintainability of an appeal before it and

inasmuch as it treated the appeal to be one on

facts it committed an error which needs to be

corrected.”

1 (2014) 2 SCC 587

Page 11 11

10.The learned counsel further places reliance on the

decision of this Court in the case of National

Insurance Co. Ltd. v. Mastan & Anr.

2

, wherein it was

held that an appeal under Section 30 of the E.C. Act

would be maintainable subject to the limitations placed

under Section 30 itself.

11.The learned counsel further contends that the High

Court patently erred in waiving off the 50% penalty

alongwith the 12% interest payable by Respondent No.1

in case of default without assigning the cogent reason.

The learned counsel places reliance on a Four Judge

Bench decision of this Court in the case of Pratap

Narain Singh Deo v. Srinivas Sabata

3

, wherein this

Court held that the amount of compensation is payable

from the date of accident and not from the date of

award. The same was reiterated by a Division Bench of

this Court in the case of Oriental Insurance Company

2 (2006) 2 SCC 641

3 (1976) 1 SCC 289

Page 12 12

Ltd.v. Siby George & Ors.

4

, wherein after referring to

several decisions of the Court, it was held that:

“In the light of the decisions in Pratap Narain

Singh Deo and Valsala K., it is not open to

contend that the payment of compensation would

fall due only after the Commissioner's order or

with reference to the date on which the claim

application is made.”

12.The learned counsel further contends that the High

Court committed an error in reducing the amount of

compensation awarded by the learned Commissioner

without assigning any cogent reasons. Further, there

was no discussion in the impugned judgment as to

whether there was any connection between the death of

the deceased and the use of the offending vehicle. The

learned counsel places reliance on the decision of this

Court in the case of Harijan Mangri Siddakka & Ors. v.

Oriental Insurance Co. Ltd. & Anr.

5

, wherein it was held

as under:

“We find that there is practically no

discussion on the factual scenario as to

whether there was any connection between the

death and the use of the vehicle. It would

depend upon the factual scenario in each case

4 (2012) 12 SCC 540

5 (2008) 16 SCC 115

Page 13 13

and there cannot be any strait jacket formula

to be applied.”

13.The learned counsel further contends that the deceased

had died as a result of an injury sustained in an

accident arising out of and in the course of

employment. He placed reliance on the decision of this

Court in Mackinnon Mackenzie & Co. (P) Ltd. v. Ibrahim

Mohd. Issak

6

, wherein it was held as under:

“To come within the Act the injury by accident

must arise both out of and in the course of

employment. The words "in the course of the

employment" mean "in the course of the work

which the workman is employed to do and which

is incidental to it." The words "arising out of

employment" are understood to mean that during

the course of the employment, injury has

resulted from some risk incidental to the

duties of the service, when, unless engaged in

the duty owing to the master, it is reasonable

to believe the workman would not otherwise have

suffered.

In other words, there must be a causal

relationship between the accident and the

employment. The expression "arising out of

employment" is again not confined to the mere

nature of the employment. The expression

applies to employment as such-- to its nature,

its conditions, its obligations and its

incidents. If by reason of any of those factors

the workman is brought within the zone of

special danger, the injury would be one which

arises "out of employment." To put it

6 (1969) 2 SCC 607

Page 14 14

differently, if the accident had occurred or

account of a risk which is an incident of the

employment, the claim for compensation must

succeed, unless of course the workman has

exposed himself to an added peril by his own

imprudent act.”

14. The learned counsel contends that the judgment of

the High Court thus being wholly and patently erroneous

is liable to be set aside and the order of award of

compensation passed by the learned Commissioner be

restored.

15.On the other hand, Mr. K.K. Bhat, the learned counsel

appearing on behalf of the respondent Insurance Company

contends that the High Court has been compassionate and

reasonable in allowing even the amount of compensation

it did award, considering the fact situation of the

case on hand. In fact, the appellants are not entitled

to any compensation whatsoever when the deceased

himself was solely negligent and responsible for the

accident which resulted in his death. The learned

counsel places reliance on the three judge Bench

Page 15 15

decision of this Court in the case of Khenyei v. New

India Assurance Co. Ltd.

7

, wherein it was held as under:

“In the case of contributory negligence, a

person who has himself contributed to the

extent cannot claim compensation for the

injuries sustained by him in the accident to

the extent of his own negligence……”

16.The learned counsel further contends that the Insurance

Company is not liable to pay the penalty in any case.

He places reliance on the decision of this Court in the

case of Ved Prakash v. Premi Devi & Ors.

8

, wherein this

Court held as under:

“In other words the insurance company will be

liable to meet the claim for compensation along

with interest as imposed on the insured

employer by the Workmen's Commissioner under

the Compensation Act on the conjoint operation

of Section 3 and Section 4-A Sub-section (3)(a)

of the Compensation Act. So far as additional

amount of compensation by way of penalty

imposed on the insured employer by the

Workmen's Commissioner under Section 4A(3)(b)

is concerned, however, the insurance company

would not remain liable to reimburse the said

claim and it would be the liability of the

insured employer alone.”

17. We have heard the learned counsel appearing on

behalf of both the parties. We are unable to agree with

7 (2015) 9 SCC 273

8 (1997) 8 SCC 1

Page 16 16

the contentions advanced by the learned counsel

appearing on behalf of the respondent Insurance

Company.

18. The E.C. Act is a welfare legislation enacted to

secure compensation to the poor workmen who suffer from

injuries at their place of work. This becomes clear

from a perusal of the preamble of the Act which reads

as under:

“An Act to provide for the payment by certain

classes of employers to their workmen of

compensation for injury by accident.”

This further becomes clear from a perusal of the

Statement of Objects and Reasons, which reads as under:

“……The growing complexity of industry in this

country, with the increasing use of machinery

and consequent danger to workmen, alongwith the

comparative poverty of the workmen themselves,

renders it advisable that they should be

protected, as far as possible, from hardship

arising from accidents .

An additional advantage of legislation of this

type is that by increasing the importance for

the employer of adequate safety devices, it

reduces the number of accidents to workmen in a

manner that cannot be achieved by official

inspection. Further, the encouragement given to

employers to provide adequate medical treatment

for their workmen should mitigate the effects

to such accidents as do occur. The benefits so

Page 17 17

conferred on the workman added to the increased

sense of security which he will enjoy, should

render industrial life more attractive and thus

increase the available supply of labour. At the

same time, a corresponding increase in the

efficiency of the average workman may be

expected.”

(emphasis laid by this Court)

Thus, the E.C. Act is a social welfare legislation

meant to benefit the workers and their dependents in

case of death of workman due to accident caused during

and in the course of employment should be construed as

such.

Section 3 of the E.C. Act provides for employer’s

liability for compensation and reads as:

“ 3 (1) If personal injury is caused to a

workman by accident arising out of and in the

course of his employment his employer shall be

liable to pay compensation in accordance with

the provisions of this Chapter”

(emphasis laid by this Court)

19.The liability of the employer, thus, arises, when the

workman sustains injuries in an accident which arises

out of and in the course of his employment. In the case

of Regional Director, E.S.I. Corporation & Anr. v.

Page 18 18

Francis De Costa & Anr.

9

, a Three Judge Bench of this

Court held as under:

“In the case of Dover Navigation Company

Limited v. Isabella Craig 1940 A.C. 190, it was

observed by Lord Wright that-

Nothing could be simpler than the words

"arising out of and in the course of the

employment." It is clear that there are two

conditions to be fulfilled. What arises "in the

course of the employment is to be distinguished

from what arises "out of the employment." The

former words relate to time conditioned by

reference to the man's service, the latter to

causality. Not every accident which occurs to a

man during the time when he is on his

employment, that is directly or indirectly

engaged on what he is employed to do, gives a

claim to compensation unless it also arises out

of the employment. Hence the section imports a

distinction which it does not define. The

language is simple and unqualified.

Although the facts of this case are quite

dissimilar, the principles laid down in this

case, are instructive and should be borne in

mind. In order to succeed, it has to be proved

by the employee that (1) there was an accident,

(2) the accident had a causal connection with

the employment and (3) the accident must have

been suffered in course of employment.”

20. The learned counsel appearing on behalf of the

appellants has also rightly placed reliance on the

decision of this Court in the case of Mackinnon

9 (1996) 6 SCC 1

Page 19 19

Mackenzie (supra). In the facts of the instant case,

the deceased was on his way to deliver goods during the

course of employment when he met with the accident. The

act to get back onto the moving truck was just an

attempt to regain control of the truck, which given the

situation, any reasonable person would have tried to do

so. The accident, thus, fairly and squarely arose out

of and in the course of his employment.

21. The next contention which needs to be dispelled is

that the appellants are not entitled to any

compensation because the deceased died as a result of

his own negligence. We are unable to agree with the

same. Section 3 of the E.C. Act does not create any

exception of the kind, which permits the employer to

avoid his liability if there was negligence on part of

the workman. The reliance placed on the decisions of

this Court on Contributory negligence like the Three

Judge Bench decision in the case of Mastaan (supra) is

wholly misplaced as the same have been passed in

relation to the Motor Vehicles Act, 1988, and have no

Page 20 20

bearing on the facts of the case on hand. The E.C. Act

does not envisage a situation where the compensation

payable to an injured or deceased workman can be

reduced on account of contributory negligence. It has

been held by various High Courts that mere negligence

does not disentitle a workman to compensation. Lord

Atkin in the case of Harris v. Assosciated Portland

Cement Manufacturers Ltd.

10

observed as under:

"Once you have found the work which he is

seeking to be within his employment the

question of negligence, great or small,

is irrelevant and no amount of negligence

in doing an employment job can change the

workman's action into a non-employment

job ... In my opinion if a workman is

doing an act which is within the scope of

his employment in a way which is

negligent in any degree and is injured by

a risk incurred only by that way of doing

it he is entitled to compensation."

The above reasoning has been subsequently adopted by

several High Courts. In the case of Janaki Ammal v.

Divisional Engineer

11

,the High Court of Madras held as

under:

“Men who are employed to work in

10 1939 AC 71

11 (1956) 2 LLJ 233

Page 21 21

factories and elsewhere are human

beings, not machines. They are subject

to human imperfections. No man can be

expected to work without ever allowing

his attention to wander, without ever

making a mistake, or slip, without at

some period in his career being

momentarily careless. Imperfections of

this and the like nature form the

ordinary hazards of employment and bring

a case of this kind within the meaning

of the Act.”

While no negligence on part of the deceased has been

made out from the facts of the instant case as he was

merely trying his best to stop the truck from moving

unmanned, even if there were negligence on his part, it

would not disentitle his dependents from claiming

compensation under the Act.

22. Thus, what becomes clear from the preceding

discussion is that the deceased died in an accident

which arose in and during the course of employment. The

learned counsel for the appellants has rightly placed

reliance on the decision of this Court in the case of

T.S. Shylaja (supra), wherein referring to proviso of

Section 30 of the E.C. Act, this Court held as under:

“What is important is that in terms of

Page 22 22

the 1st proviso, no appeal is

maintainable against any order passed

by the Commissioner unless a

substantial question of law is

involved. This necessarily implies

that the High Court would in the

ordinary course formulate such a

question or at least address the same

in the judgment especially when the

High Court takes a view contrary to

the view taken by the Commissioner.”

In the light of the well reasoned and elaborate order

of award of compensation, the High Court could not have

reduced the compensation amount by more than half by

merely mentioning that it is in the ‘interest of

justice’. It was upon the High Court to explain how

exactly depriving the poor appellants, who have already

lost their elder son, of the rightful compensation

would serve the ends of justice.

23. Since neither of the parties produced any document

on record to prove the exact amount of wages being

earned by the deceased at the time of the accident, to

arrive at the amount of wages, the learned Commissioner

took into consideration the fact that the deceased was

a highly skilled workman and would often be required to

Page 23 23

undertake long journeys outside the state in the line

of duty, especially considering the fact that the

vehicle in question had a registered National Route

Permit. The wages of the deceased were accepted as

Rs.4,000/- per month + daily bhatta of Rs.6,000/- per

month, which amounts to a total of Rs.10,000/-. The

High Court did not give any reason on which basis it

interfered with the finding recorded by the

Commissioner on the aspect of monthly wages earned by

the deceased. The impugned judgment does not even

mention what according to the High Court, the wages of

the deceased were at the time of the accident. Such an

unnecessary interference on part of the High Court was

absolutely uncalled for, especially in light of the

fact that the appellant Nos.1 and 2 are old and have

lost their elder son and they have become destitutes.

Further, under the Payment of Wages Act, 1936, the onus

is on the employer to maintain the register and records

of wages, Section 13A of which reads as under:

“13-A. Maintenance of registers and

records-

Page 24 24

(1) Every employer shall maintain such

registers and records giving such

particulars of persons employed by him,

the work performed by them, the wages

paid to them, the deductions made from

their wages, the receipts given by them

and such other particulars and in such

form as may be prescribed.

(2) Every register and record required to

be maintained under this section shall,

for the purposes of this Act, be

preserved for a period of three years

after the date of the last entry made

therein.”

From a perusal of the aforementioned section it becomes

clear that the onus to maintain the wage roll was on

the employer, i.e. Respondent No.2. Since in the

instant case, the employer has failed in his duty to

maintain the proper records of wages of the deceased,

the appellants cannot be made to suffer for it.

24. In view of the foregoing, the judgment and order of

the High Court suffers from gross infirmity as it has

been passed not only in ignorance of the decisions of

this Court referred to supra, but also the provisions

of the E.C. Act and therefore, the same is liable to be

set aside and accordingly set aside.

Page 25 25

25. The monthly wage of the deceased arrived at by the

learned Commissioner was Rs.10,000/-. The date of birth

of the deceased according to the Driver’s License

produced on record is 01.07.1984. The date of death of

the deceased is 19.07.2011. Thus, according to Schedule

IV of the E.C. Act, the ‘completed years of age on the

last birthday of the employee immediately preceding the

date on which the compensation fell due’, is 27 years,

the factor for which is 213.57. Hence, the amount of

compensation payable to the appellants is calculated as

under:

Rs.10,000/- x 50% x Rs.213.57 = Rs.10,67,850/-.

Funeral expenses to the tune of Rs.25,000/- are also

awarded.

The total amount of compensation payable thus

comes to Rs.10,92,850/-.

26. Further, an interest at the rate of 12% per annum

from the date of accident, that is 19.07.2011, is also

payable to the appellants over the above awarded

amount. In light of the unnecessary litigation and the

Page 26 26

hardship of the appellants in spending litigation to

get the compensation which was rightly due to them

under the Act, we deem it fit to award the appellants

costs as Rs. 25,000/-.

27. Appeal is accordingly allowed. The respondent-

Insurance Company is directed to deposit the amount

within six weeks from today with the Employees

Compensation Commissioner. On such deposit, he shall

disperse the same to the appellants.

………………………………………………………… J.

[V. GOPALA GOWDA]

………………………………………………………… J.

[UDAY UMESH LALIT]

New Delhi,

February 4, 2016

Page 27 27

ITEM NO.1A-For Judgment COURT NO.9 SECTION XV

S U P R E M E C O U R T O F I N D I A

RECORD OF PROCEEDINGS

Civil Appeal No(s).869/2016 @ SLP(C) No(s). 1903/2015

JAYA BISWAL & ORS. Appellant(s)

VERSUS

BRANCH MANAGER, IFFCO TOKIO GENERAL INSURANCE

COMPANY LTD. & ANR. Respondent(s)

Date : 04/02/2016 This appeal was called on for pronouncement of

JUDGMENT today.

For Appellant(s)

Mr. Kedar Nath Tripathy,Adv.

For Respondent(s)

Mr. Ranjan Kumar Pandey,Adv.

Hon'ble Mr. Justice V.Gopala Gowda pronounced

the judgment of the Bench comprising His Lordship

and Hon'ble Mr. Justice Uday Umesh Lalit.

Leave granted.

The amount of compensation payable to the

appellants is calculated as under:

Rs.10,000/- x 50% x Rs.213.57 = Rs.10,67,850/-.

Funeral expenses to the tune of Rs.25,000/-

are also awarded.

The total amount of compensation payable thus

comes to Rs.10,92,850/-.

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Further, an interest at the rate of 12% per

annum from the date of accident, that is

19.07.2011, is also payable to the appellants over

the above awarded amount. In light of the

unnecessary litigation and the hardship of the

appellants in spending litigation to get the

compensation which was rightly due to them under

the Act, we deem it fit to award the appellants

costs as Rs. 25,000/-.

The respondent-Insurance Company is directed to

deposit the amount within six weeks from today

with the Employees Compensation Commissioner. On

such deposit, he shall disperse the same to the

appellants.

The appeal is allowed in terms of the signed

Reportable Judgment.

(VINOD KUMAR)

COURT MASTER

(CHANDER BALA)

COURT MASTER

(Signed Reportable judgment is placed on the file)