Skip to content


Vimal Kishan Karle Vs. United India Insurance Company - Court Judgment

LegalCrystal Citation
SubjectInsurance;Motor Vehicles
CourtMumbai High Court
Decided On
Judge
Reported in1(1985)ACC279
AppellantVimal Kishan Karle
RespondentUnited India Insurance Company
Excerpt:
- code of criminal procedure, 1973 [c.a. no. 2/1974]. section 41: [ swatanter kumar, cj, smt ranjana desai & d.b. bhosale, jj] arrest of accused - held, a police officer or a person empowered to arrest may arrest a person without intervention of the court subject to the limitations specified under the provisions of the code. the provisions of section 41 of the code provides for arrest by a police officer without an order from a magistrate and without a warrant. a distinct and different power under section 44 of the code empowers the magistrate to arrest or order any person to arrest the offender. under section 44 of the code, that power is vested in the court of the magistrate when an offence is committed in his presence. if the legislature has taken care of providing such specific power..........1,600/- should be paid to the widow and the entire remaining amount should be invested in national savings certificates which would mature after six years. so far as the widow is concerned she is ordered to be entitled to encase the certificate after six years, but so far the minors are concerned the certificates are directed further to be reinvested in national savings certificates.3. such an order is manifestly an unfair order inclining too much in favour of caution at the cost of reality. it is true that such amount as rs. 20,000/- in the hands pf poor persons are big amounts and it is possible that the amounts might be squandered by them. but at the same time it must be borne in mind that the dependants of the deceased workman have to live. the widow in this case might want to.....
Judgment:

Sharad Manohar, J.

1. The only grievance of the appellant in whose favour an order for payment of Rs. 21,600/- was passed by Additional Commissioner under the Workmen's Compensation Act is about the condition put by the Commissioners that the payment made by the employer should be almost wholly invested in national savings certificate.

2. The accident took place on 23rd October 1981. The deceased was about 40 years of age. He left behind his widow and three children, all of the children were minors. Obviously the widow is a young woman. The order passed by the learned Judge awarding the compensation on 11th January 1984 ignored the fact that for a full period of three years the dependants of the deceased had no other source of income and this resulted in the position that when the compensatory order was passed the learned Commissioner directed that out of Rs. 21,600/-, only a sum of Rs. 1,600/- should be paid to the widow and the entire remaining amount should be invested in national savings certificates which would mature after six years. So far as the widow is concerned she is ordered to be entitled to encase the certificate after six years, but so far the minors are concerned the certificates are directed further to be reinvested in national savings certificates.

3. Such an order is manifestly an unfair order inclining too much in favour of caution at the cost of reality. It is true that such amount as Rs. 20,000/- in the hands pf poor persons are big amounts and it is possible that the amounts might be squandered by them. But at the same time it must be borne in mind that the dependants of the deceased workman have to live. The widow in this case might want to re-marry ; the children's education is to be looked after. The interest on the savings certificates might come to about Rs. 200/- per month. It is impossible for a widow and three children to live on this meagre amount of Rs. 200/- per month. Sufficient allowance must be made for various expenses which are to be incurred for education and for other items. Allowing only Rs. 1,600/- to the widow and directing the entire remaining amount to be invested in national savings certificates is indicative of blindness to realities.

4. I am alive to the fact that no hard and fast rule could be laid down in these matters. Each case will have to be decided in its own merits and according to the facts and circumstances of the case. But here is a case where the young widow requires immediate money for bringing up the children and for her own welfare. She is a young woman. She might went to re-marry for which purpose she would require some small cash in hand.

5. This court has already passed an interim order releasing a sum of Rs. 10,000/- to the widow. I am of the opinion that it is unnecessary to give any further amount to the appellant in cash at this stage. The above judgment, however, is delivered for the purpose of guidance to the lower Courts.

6. Shri Kudroli appearing for the respondent did not oppose the appeal but he submitted that there was a practice followed by the Commissioner under the Workmen's Compensation Act of sending the amount, of compensation to the claimants by installments periodically, the amount of the instalments being determined according to the number of claimants and their requirements. That practice, Shri Kudroli stated, is not being followed by the Commissioner's office any more. I am of the opinion that in a fit case the Commissioner should follow that practice. However, I make it clear, that depends upon the facts of each case. The grievance made by both the learned Advocates before me, however, was that at present generally the Commissioners tend to be too very cautious and postpone the payment to the claimants for quite unreasonable time, by about six years. If the grievance is true, then in my opinion such a practice as a universal rule ought to be discouraged.

6. In view of the fact that the appellant has already received the additional amount of Rs. 10,000/- no further order in this behalf is necessary. By this order the appeal stands disposed of, however, there will be no order as to costs. If any question arises as regards re-investment of the amount after the expiry of the national savings certificate, the appellant should be entitled to make proper application to the Commissioner for orders in that behalf.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //