No limits on compensation for accident death, rules HC
Families Can Turn To Many Sources To Get Relief
TIMES NEWS NETWORK
Chennai:15.03.2019
The Madras high court has made it clear that utilizing multiple options to get compensation for the death of a person in a motor accident, by their family, particularly when the deceased was the sole breadwinner, cannot be construed as ‘double compensation’ and prohibited.
“Awarding of compensation to the claimants is only for the sake of giving solace to them who lost their breadwinner to the accident. If their tears are not wiped off by the courts of law, there will be little meaning in awarding compensation,” Justice M V Muralidaran said.
The issue pertains to an appeal moved by National Insurance Company challenging the order of the Commissioner of Employees Compensation at Coonoor, awarding compensation to the kin of transport corporation employees who were killed in road accidents.
The primary contention of the insurer was that since the families of the deceased have already obtained compensation from the insurer of the vehicles involved in the accident through motor accident claims tribunal, they cannot claim additional compensation under the Workmen Compensation Act for the same accident.
The claimants submitted that before the motor accidents claims tribunal they claimed compensation against the driver, owner and insurer of the vehicle. And the claim made before the commissioner for employees’ compensation was against the employer and insurer of the vehicle where the deceased worked while they died during the course of employment.
Justice Muralidaran said, “In my considered view, the action of the claimants would not amount to double compensation or double jeopardy to the employer in the light of the observations made in the catena of the decisions discussed.”
Applying the principles of the doctrine of election, the court is in entire agreement that the compensation claimed at accident tribunal against the vehicle which caused the accident and claim under the Workmen Compensation Act against the employer during the employment, would not amount to double compensation, the court said.
Families Can Turn To Many Sources To Get Relief
TIMES NEWS NETWORK
Chennai:15.03.2019
The Madras high court has made it clear that utilizing multiple options to get compensation for the death of a person in a motor accident, by their family, particularly when the deceased was the sole breadwinner, cannot be construed as ‘double compensation’ and prohibited.
“Awarding of compensation to the claimants is only for the sake of giving solace to them who lost their breadwinner to the accident. If their tears are not wiped off by the courts of law, there will be little meaning in awarding compensation,” Justice M V Muralidaran said.
The issue pertains to an appeal moved by National Insurance Company challenging the order of the Commissioner of Employees Compensation at Coonoor, awarding compensation to the kin of transport corporation employees who were killed in road accidents.
The primary contention of the insurer was that since the families of the deceased have already obtained compensation from the insurer of the vehicles involved in the accident through motor accident claims tribunal, they cannot claim additional compensation under the Workmen Compensation Act for the same accident.
The claimants submitted that before the motor accidents claims tribunal they claimed compensation against the driver, owner and insurer of the vehicle. And the claim made before the commissioner for employees’ compensation was against the employer and insurer of the vehicle where the deceased worked while they died during the course of employment.
Justice Muralidaran said, “In my considered view, the action of the claimants would not amount to double compensation or double jeopardy to the employer in the light of the observations made in the catena of the decisions discussed.”
Applying the principles of the doctrine of election, the court is in entire agreement that the compensation claimed at accident tribunal against the vehicle which caused the accident and claim under the Workmen Compensation Act against the employer during the employment, would not amount to double compensation, the court said.
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