Tata AIG General Insurance Company Ltd. [Appellant] Vs. Shibi Devi & Ors. [Respondents.]
FAO No. 92 of 2024 a/w and FAOs No. 171 & 183/2024
(The Hon’ble Mr. Justice Sushil Kukreja, Judge.)
The Himachal Pradesh High Court has reiterated that only one claim petition is maintainable for a single cause of action under the Employees Compensation Act, requiring all dependents or legal representatives of the deceased to be included in the same petition. The Court quashed an award that had granted compensation to the mother of a deceased truck driver on the grounds that it constituted a second claim for the same cause of action, which is impermissible.
The case arose from the death of a truck driver. The driver’s widow and daughter initially filed a claim under Section 22 of the Employees Compensation Act and were awarded compensation by Tata AIG General Insurance Company Ltd. Subsequently, the driver’s mother and father filed a separate claim for compensation under the same Act, which the Commissioner for Employee’s Compensation allowed. This second award was challenged by the Insurance Company in the High Court.
Justice Sushil Kukreja, presiding over the case, clarified that only a single claim petition is maintainable for one cause of action. All dependents or legal representatives must be impleaded in the same petition to ensure uniformity and prevent multiplicity of claims. The Court emphasized that separate petitions by different dependents are not permissible.
The Court also referred to Section 167 of the Motor Vehicles Act, which allows claimants to elect their forum for compensation claims—either under the Motor Vehicles Act or the Employees Compensation Act. However, any claim, even if initiated by one dependent, is deemed to represent all legal representatives or dependents of the deceased.
The High Court quashed the impugned award granted to the mother of the deceased, stating that she should have pursued legal remedies within the framework of the original claim petition filed by the widow and daughter. The Court upheld the initial compensation awarded to the widow and daughter, as it was not under challenge in this appeal. The ruling underscores the importance of ensuring that all legal representatives or dependents are included in the initial claim petition. It also highlights that subsequent claims for the same cause of action are procedurally flawed and not maintainable under the Employees Compensation Act.
This decision reinforces the principle of finality in compensation claims under the Employees Compensation Act. By mandating that all dependents be included in a single petition, the Court aims to streamline the process, avoid conflicting awards, and uphold the integrity of the legal framework. The appeal by Tata AIG General Insurance Company was thus allowed, ensuring consistency in the application of the law.
