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NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.506 OF 2016

(Arising out of SLP ( C) No. 4835 of 2013)

INDRA KAUR & ORS.                            APPELLANTS                                 VERSUS

ROYAL SUNDRAM ALLIANCE INS.CO.LTD. & ANR.    RESPONDENTS

J U D G M E N T   KURIAN,J.

1. Leave granted. 2. The appellants are the legal representatives of late  Pratap  Singh.   He  was  a  driver  employed  by  respondent  No.2-Devendra  Singh.   During  the  course  of  employment,  Pratap  Singh  met  with  an  accident  and  died.   The  appellants  approached  the  Workmen's  Compensation  Commissioner and by Award dated 26.05.2008, an amount of  Rs.4,03,320/- as compensation  with  interest @ 12% p.a.  on the compensation from 12.11.2005 was awarded. 3. The first respondent-Insurance Company challenged the  same before the High Court.  The High Court set aside the  Award passed by the Commissioner on the ground that there  was no evidence before the Commissioner that late Pratap  Singh was employed by Devendra Singh, respondent No.2.  On  the contrary, available evidence showed that Pratap Singh  was the partner of  Devendra Singh.

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- 2 - 4. In the nature of the order we propose to pass in this  case,  we  do  not  think  it  necessary  to  go  into  those  aspects.  The appellants have been rightly granted liberty  by the High Court to initiate proceedings under the Motor  Vehicles  Act  for  compensation.   The  High  Court  has,  however,  restricted  the  claim  as  against  the  alleged  offending vehicle, namely, Military Truck and its insurer.  We do not think that the approach was quite proper.  The  appellants are free to proceed against respondent No.1 as  well  and  all  the  questions  are  to  be  decided  by  the  Tribunal at the time of considering the application for  compensation. 5. In that view of the matter, we make it clear that the  findings recorded by the High Court shall not stand in the  way of the Tribunal while conducting appropriate inquiry.  The Tribunal shall decide the matter on merits since the  appellants  have  been  prosecuting  their  case  with  due  diligence before the Commissioner, the  High Court and  before this Court. We also request the Tribunal to dispose  of the application expeditiously. 6. The appeal is disposed of with no order as to costs.

  .....................J. [KURIAN JOSEPH]  

   ....................J.    [ROHINTON FALI NARIMAN

NEW DELHI; JANUARY 22, 2016