Bengaluru: The Dharwad bench of the Karnataka high court ruled that the legal right to claim compensation remains until it is decided on merits.In a recent judgment delivered by Justice Hanchate Sanjeevkumar, the court dismissed appeals filed by United India Insurance Company, which challenged a 2012 order issued by the labour officer and commissioner for workmen’s compensation in Haveri. The order awarded compensation to six claimants following an accident that occurred in 2004.The claimants from Ranebennur taluk, employed as cleaners and porters under N Mahantesh, the owner of a truck, had been instructed to load bricks from Ishwargere to Hiriyuru. Due to rash and negligent driving, the truck had toppled, resulting in injuries to the claimants.The claimants initially filed a petition with the workmen’s compensation commissioner in Chitradurga, but the petitions were dismissed. No liberty was sought to file a fresh petition. However, in 2011, the claimants submitted new petitions to the commissioner under the Workmen’s Compensation Act in Haveri and were awarded varying compensation amounts with an interest of 12% per annum from the petition date until the realisation.Challenging the same before the high court, the insurer argued that because the initial petitions were dismissed and no opportunity was sought to file fresh ones, the new petitions were not legally maintainable. United India Insurance Company also contended that the claimants could have sought restoration of their original petitions with the commissioner in Chitradurga. Both the claimants and the vehicle owner remained absent during proceedings.Justice Hanchate Sanjeevkumar noted that a second petition can be filed in such circumstances. He stated: “The technicality of law shall not come in the way of giving substantial justice. The judicial approach, thus, seems to be liberal in regard to the prosecution of claim petitions under the Act. The dismissal of the claim petitions, other than on merits, has not been held to be a bar to file a fresh petition, irrespective of the fact of whether the first petition was dismissed, withdrawn or dismissed for default.“Upholding the orders under challenge, the judge pointed out that even though the fresh petitions were filed in 2011, since all facts were uncontested, the petitions before the commissioner in Haveri were deemed maintainable, and the compensation and award issued were found to be legal and justified.
