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Judgment
J.R. Midha, J
The appellant has challenged the order dated 3rd February, 2016 whereby the Commissioner, Employees’ Compensation awarded
compensation of Rs.6,99,318/- along with interest @ 12% per annum and funeral expenses of Rs.5,000/- to respondents no.1 to 3.
On 20th December, 2010 at about 12.01 A.M., late Kanhiya Lal @ Raju was driving vehicle No.DL-4CAE-2927 during the course of his
employment under respondent no.4 when he met with an accident near Bus Stand, Krishi Vihar, BRT Corridor, Greater Kailash, Phase â€" I, New
Delhi which resulted in fatal injuries. The deceased was survived by his widow, daughter and mother who filed an application for compensation before
the Commissioner, Employees’ Compensation which resulted in the impugned award.
Learned counsel for the appellant urged at the time of the hearing that the accident did not occur during the course of the employment of the
deceased with respondent no.4 and the driving licence of the deceased at the time of the accident was fake.
The Commissioner, Employees’ Compensation held that the deceased was driving the offending vehicle during the course of his employment
under respondent no.4 at the time of the accident and no evidence was led by the owner, namely, respondent no.4 to rebut the same.
The record of the Commissioner, Employees’ Compensation has been perused. Respondent no.1 appeared in the witness box as PW-1 and
deposed that her husband was driving the insured vehicle at the time of the accident. Respondent no.4 did not lead any evidence whatsoever to rebut
the same. In that view of the matter, there is no infirmity in the finding of the Commissioner, Employees’ Compensation holding that the accident
occurred during the course of the employment of the deceased with respondent no.4.
With respect to the appellant’s contention that the driving licence of the deceased was fake, the Commissioner, Employees’ Compensation
has accepted the appellant’s contention and granted the recovery rights to the appellant.
There is no merit in this appeal which is hereby dismissed.
The appellant has deposited Rs.10,53,967/- with the Commissioner, Employees’ Compensation which is lying in FDR No.35789790932 dated
23rd August, 2017 for Rs.11,24,629/- with State Bank of India, Tis Hazari Court Branch.
Respondents no.1 and 2 are present in Court along with the counsel and they submit that they do not know the whereabouts of respondent no.3.
The Commissioner, Employees’ Compensation is directed to disburse the aforesaid amount to respondents no.1 to 3 by instructing State Bank
of India, Tis Hazari Court Branch to discharge the FDR and disburse the amount in the following manner:
(i) Rs.4,20,000/- be kept in 84 FDRs of Rs.5,000/- each in the name of Jyoti (respondent no.1) for the period 1 month to 84 months with cumulative
interest.
(ii) Rs.3 lakh be kept in FDR in the name of Baby Bharti (respondent no.2) till she attains majority on which monthly interest be released to
respondent no.1 Jyoti, by transferring the same to her savings bank A/c No. 51848100000415 with Bank of Baroda, Okhla Ind. Area, Phase-II, Delhi
(IFSC Code: BARB00KHDEL). Upon attaining the majority, the State Bank of India, Tis Hazari Court Branch shall keep Rs.3 lakh in 60 FDRs of
Rs.5,000/- each in the name of Bharti (respondent no.2) for the period 1 month to 60 months with cumulative interest.
(iii) Rs.3 lakh towards the share of respondent no.3, Dayashree (mother of the deceased) be kept in FDR in the name of the Commissioner,
Employees’ Compensation initially for a period of one year. Upon appearance of respondent no.3, the Commissioner, Employees’
Compensation shall release Rs.40,000/- to respondent no.3 and keep Rs.2,60,000/- in 52 FDRs of Rs.5,000/- each in the name of respondent no.3 for
the period 1 month to 52 months with cumulative interest.
At the time of maturity of the FDRs, the maturity amount shall be credited in the individual savings bank accounts of the respondents no. 1 to 3
near the place of their residence.
The balance amount, after keeping Rs.10,20,000/- in FDRs, be released to respondent no.1 by transferring the same to her aforesaid savings bank
account.
All the original FDRs shall be retained by State Bank of India, Tis Hazari Court Branch. However, the photocopies of the same shall be provided
to respondent No.1.
No loan or advance or pre-mature discharge shall be permitted without the permission of this Court.
Issue Court Notice to Respondent No.3 returnable on 2nd November, 2017.
List for reporting compliance and further order with respect to respondent no.3 on 2nd November, 2017
Copy of this judgment be given dasti to counsel for the parties under the signature of the Court Master.