Accident compensation – Appeal or cross objection of claimant is not necessary for enhancement
On 4.6.1998, Madhukar, Senior Agriculture Scientist in the Ministry of Agriculture, while travelling in official mini bus, died in the accident. The Tribunal granted Rs.15,49,700/- compensation to the claimants. This was challenged in the appeal.
One of the grounds of challenge was one of the claimants was given compassionate ground and therefore, the compensation is liable to be reduced.
Important question was decided by the Bombay High Court – Can the compensation amount be reduced on account of compassionate appointment given to the relative of deceased employee?
HELD that when the dependency is proved, merely providing of a job to one of the claimant does not absolve the appellants from liability to pay compensation. It does not come within the periphery of the Motor Vehicles Act. The compassionate appointment is independent right of one of the family of the public servant who died in the harness.
Filing of an appeal or the cross objection of the claimants is not necessary for enhancing the compensation in the appeal challenging the compensation awarded by the Tribunal.
Judgment dated 3.1.2025 of the High Court of Bombay, Bench at Nagpur, in First Appeal No.1020 of 2011 of Union of India and another Vs. Smt. Malti Madhukar Ghode and others
