HC allows claim of MCOP,WC compensations in accident case

Observing that awarding compensation to the claimants is only for the sake of giving solace to the claimants who lost their breadwinner due to the accident, Justice M V Muralidharan on citing various Supreme Court and high court decisions in this regard, said, “The claimants have rightly filed MCOP against the owner of the lorry tortfeasor and the insurer of the said vehicle and obtained compensation through Lok Adalat. Subsequently, they have filed WC Petition against the employer of the deceased, who succumbed to the injuries caused during employment and obtained compensation.”

“In my considered view, the action of the claimants would not amount to double compensation or double jeopardy to the employer,” he added. As per the case, on June 13, 2014, one Saravanan @ Sivakumar and one Siddeswaran, were engaged in removing a flat tyre of the lorry, in which they were working as drivers, at Rajupalem on Gudur Main Road. But another lorry without following the traffic rules, rashly and in a negligent manner, hit against both resulting in them getting killed owing to the injuries sustained.

Following this, Saravanan’s parents had filed a claim petition before the Commissioner for Employees Compensation at Coonoor and an award of Rs 8.15 lakh was awarded. However, Saravanan’s parents had also filed an MCOP plea before the Subordinate Judge, Bhavani against tortfeasor of the vehicle and the insurer of the vehicle. This MCOP case came to be settled before National Lok Adalat on November 12, 2016 against the owner, driver and insurer for Rs 8.50 Lakh.

Contending that after claiming compensation from the accident tribunal, the same claimants cannot file a claim petition again before the Commissioner for Employees Compensation, since it is impermissible in law, the insurer filed an appeal.