Delhi HC awards Rs 5 lakh interim payment to wife of driver who died helping accident victims
Dec 28, 2023
New Delhi [India], December 28 : The Delhi High Court has recently passed an order awarding an interim payment of Rs 5 lakh to the wife of a deceased driver, who died while helping other victims of an accident.
The bench of Justice Dharmesh Sharma in an order passed, set aside the order of order dated October 7, 2021, passed by the Employee's Compensation Commissioner (ECC).
The ECC had in its order refused to grant compensation to the wife of the deceased driver noting that an accident had occurred involving some other vehicle and the deceased stopped his truck on the opposite side and went across the road to help the victims and while returning to his vehicle, some unknown vehicle coming at a very high speed driven in a rash and negligent manner struck him resulting his death.
The High Court while setting aside the order of ECC which denied the compensation to the driver said, the matter is remanded back to the Employee's Compensation Commissioner with directions to assess the quantum of compensation to be payable to the claimant within two months, after affording the claimant and the employer besides Insurance company to produce relevant material for consideration.
However, considering the long intervening time that must have left the claimant virtually on the verge of vagrancy, the claimant shall be paid an interim payment of Rs. 5 lakhs with interest 12 per cent p.a. from the date of the accident i.e., June 25, 2018, which will be released to the claimant wife within a month from today, subject to future adjustment on final determination of
quantum of compensation and payment thereof to the claimant said the court.
The appellant/claimant was the wife of late Balwan Singh, who was admittedly employed as a driver with a registered owner for about more than 10 years and stated to be receiving a salary of Rs. 15,000 per month plus Rs.200 per day towards meals.
On the fateful day i.e. June 25, 2018, the deceased was driving a vehicle admittedly insured by an Insurance Company loaded with some material and heading for B-91, Mansa Ram Park, Uttam Nagar, Delhi.
It was brought out in the proceedings before the Commissioner that the accident had occurred involving some other vehicle near PW Rest House, Gharonda, District Karnal and the deceased stopped his truck on the opposite side and went across the road to help the victims.
While returning to his vehicle, some unknown vehicle coming at a very high speed driven in a rash and negligent manner struck him resulting in grievous injuries to the deceased.
One driver on some other vehicle, namely Raj Kumar took the deceased to Aparna Hospital, Karnal in a three-wheeler where the Doctor declared him brought dead. Consequent to this, a case under Section 279/304 of the Indian Penal Code, 1860 was registered at PS Gharnoda, District Karnal.
