Delhi HC Grants Rs 5 Lakh Interim Payment to Deceased Driver’s Wife in Compassionate Grounds

The Delhi High Court has recently passed an order granting an interim payment of Rs 5 lakh to the wife of a deceased driver who lost his life while aiding other victims of an accident.

In an order passed by Justice Dharmesh Sharma, the court overturned the decision of the Employee’s Compensation Commissioner (ECC) dated October 7, 2021. The ECC had declined to provide compensation to the deceased driver’s wife, citing an accident involving another vehicle. The deceased had halted his truck on the opposite side of the road to assist the victims. On his way back to his vehicle, he was struck by an unknown vehicle driven recklessly and negligently, resulting in his death.

The court, while setting aside the ECC’s order denying compensation, remanded the matter back to the Commissioner with instructions to assess the compensation amount within two months. This process should involve input from the claimant, the employer, and the insurance company, with relevant material considered for evaluation.

Recognizing the significant time lapse that has likely left the claimant in a precarious position, the court ordered an interim payment of Rs. 5 lakhs with 12% interest per annum from the accident date, June 25, 2018. This interim payment will be disbursed to the claimant’s wife within a month, with adjustments to be made based on the final determination of the compensation amount and subsequent payment.

The appellant, the wife of the late Balwan Singh, acknowledged that her husband worked as a driver for over 10 years, earning a monthly salary of Rs. 15,000 plus Rs. 200 per day for meals. On the tragic day of June 25, 2018, the deceased, driving a vehicle insured by an insurance company, was en route to B-91, Mansa Ram Park, Uttam Nagar, Delhi, carrying some material.

During the proceedings before the Commissioner, it was revealed that the accident occurred with another vehicle near PW Rest House, Gharonda, District Karnal. The deceased stopped his truck on the opposite side of the road to assist victims. Upon his return to his vehicle, an unknown vehicle speeding recklessly struck him, causing severe injuries and ultimately leading to his demise. Another driver, Raj Kumar, transported the deceased to Aparna Hospital, Karnal, where he was declared brought dead. Subsequently, a case under Section 279/304 of the Indian Penal Code, 1860, was registered at PS Gharnoda, District Karnal.