Workmen’s Compensation Act, 1923 – s.20 – Notification issued under – “Contested claim” – When not – Deceased who was employed by the second respondent as truck driver met with a road accident and succumbed to the injuries – Compensation sought by appellants-his wife, son and parents – Deputy Labour Commissionercum-Commissioner for Workmen Compensation awarded Rs.4,31,671/- and with interest @ 6% p.a – Challenged by appellants – High Court held that the award itself was without jurisdiction on the ground that it was a contested matter on account of the written statement filed by the insurer and there being a embargo as per notification issued u/s. 20(1) & (2) – Held: Employer had clearly admitted the averments made in the claim petition filed by the appellants – There was no contest– Insurer of the offending vehiclefirst respondent having filed the written statement did not cross examine the appellants and their witnesses – Thus, the claim lodged by them seeking compensation would not partake the character of a “contested claim” as stipulated under the notification issued by the appropriate Govt. u/s.20 (1) and (2), where under clause (a), the presiding officers of the Labour Court were entrusted with adjudication of claims of all contested cases arising under the Act – Therefore, the High Court erred in holding that the claim petition was not maintainable before the Deputy Labour Commissioner-cumCommissioner and appellants had to pursue their grievance before the jurisdictional Labour Court – Impugned judgment set aside – Further, unchallenged statement of the wife of the deceased that he was earning Rs.6,000/- per month, accepted – Appellants entitled to compensation of Rs.6,64,110/- with interest @ 12% p.a. from one month from the date of accident till date of payment excluding the amount already paid/deposited by the first respondent – Compensation – Maxims – Coram-non-judice.
As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.
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