INDIRA KAUR & ORS. Vs. ROYAL SUNDRAM ALLIANCE INS.CO.LTD. & ANR

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 506 of 2016, Judgment Date: Jan 22, 2016

                                                              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  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.
                                    - 2 -

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
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