Thane Labour court awarded a compensation of Rs. 4.7 lakh to a woman in a 2004 accidental death case.
Commissioner for Workmen’s Compensation, S K Upadhyay in the order delivered recently directed the insurance firm United India Insurance Company to pay 50 per cent of the compensation to the claimant and half to the transportation company Bhairavnath Transports, as it had already deposited the total compensation amount with the labour court, as per court’s orders.
The court also directed the insurance and transport company to jointly the 12 per cent interest per annum amount to the woman.
In the case filed by Sakhubai Abhiman Khatarmal (30), wife of deceased the daily wage labourer Abhiman Khatarmal, with the Labour court in 2006, her husband died in March 2004 when he was had gone to a construction site, driving a truck and as he got from the vehicle at the site, a heavy iron rod fell on his head and he died.
Respondent, insurance company did not appear in any of the proceedings while owner of transport company argued that since, the deceased was not inside the truck at the time of accident, they are not liable to pay compensation.
The court, however, directed the transport company to deposit the compensation amount to the court, on grounds that the driver of the truck of “on duty” and hence, they were liable to give compensation.
Following, the order, Bhairavnath Transport Co. deposited the amount of Rs. 4.7 lakh with the court and later also challenged the ruling in the High Court.
The High court after hearing the petition filed by the transport company, quashed the order of labour court and directed it to decide the application afresh on merits.
Following High court directives, Labour court heard the matter afresh.
Upadhyay, while pronouncing the order, directed the insurance and transport company to make payment of 12 per cent interest per annum, jointly, while asked insurance company to pay 50 per cent of the total amount (of 4.7 lakh) to pay to Bhairavnath Transports.