Himachal Pradesh High Court: Multiple claims for same accident not maintainable under Employee's Compensation Act

The Himachal Pradesh High Court in the case Tata AIG General Insurance Company Ltd. v. Shibi Devi observed and has dismissed an appeal filed by a dependent mother under the Employee's Compensation Act.

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The single judge bench of Justice Sushil Kukreja in the case held that multiple claim petitions for the same accident are not maintainable.

The court also ruled that when the widow and daughter of the deceased employee had already settled their claim in 2015, a subsequent petition by the mother in 2023 could not be allowed.

BACKGROUND OF THE CASE

In 2013, Raju, a truck driver, died in a road accident, while transporting bricks from Chandigarh to Theog and his mother, Shibi Devi, filed a claim alleging dependency on her son's earnings.

The employer confirmed Raju's employment, his valid driving license, and his salary. However, Tata AIG, the insurer, argued that the claim was barred, as Raju's widow and daughter had already settled this claim in 2015 through an agreement before the Workmen's Compensation Commissioner.