Kerala High Court Issues Directions For Handling Applications Of Accident Victims Or Their Dependents Under Employees Compensation Act

The Kerala High Court on Friday issued guidelines to be followed by the concerned authorities while dealing with applications filed by accident victims or their dependents seeking compensation under the  Employees Compensation Act, 1923.

While disposing of a suo motu petition, a Division Bench of Chief Justice S. Manikumar and Justice Shaji P. Chaly accepted the report submitted by the Kerala State Legal Services Authority wherein it had suggested a few mechanisms to establish a proper system for effective consideration of such applications. 

The petition was registered as per the direction issued by another Division Bench to vindicate the grievance in the matter of compensation to the dependents of the accident victims under Section 10A of the Employees Compensation Act.

The Court was inclined to do so upon realizing the difficulties and the risk faced by the employees carrying out the duties of night watchmen in various establishments and allied activities and the difficulties faced by the employees in getting compensation under the Act, especially due to the ignorance of their valuable rights.

Thereafter in December 2021, this Bench had issued notice to the State, its officials and the Kerala State Legal Services Authority seeking their response.

The Legal Services Authority in February 2022 submitted a report on the matter after conducting an in-depth study. In its report, the following mechanisms were suggested to help the accident victims under the Act, apart from rendering its assistance under Section 357A of CrPC (compensation to victims) and as per Kerala Victim Compensation Scheme, 2014:

1. Recommendations received from the trial court, or applications received from the victim or dependents by the State/District Legal Services Authority can be sent to the Commissioner under Section 20 of the Employees Compensation Act. The Police must also share such FIRs with the State Legal Services Authority. 
2. These recommendations, applications and FIRs can be evaluated by the State/District Legal Services Authority to verify if they constitute accidents in the course of employment. 
3. The Commissioner, thereafter, can do the appropriate enquiry as per the statutory provisions and award compensation. 
4. For enquiry to claim compensation, the Commissioner may seek assistance from the District Legal Services Authority. However, the quantum of compensation shall be decided by the Commissioner as per the Employees Compensation Act.

The Court noted that one of the mechanisms proposed was that the State/District Legal Services Authority can render their assistance by evaluating the First Information Report.

It also recalled the nature of services to be rendered by the Authorities:

"...the Legal Services Authorities Act was introduced to constitute Legal Services Authorities to provide free and competent legal services to the weaker sections of the society to ensure that opportunities for securing justice are not denied to any citizen by reason of economic or other disabilities, and to organize Lok Adalats to secure that the operation of the legal system promotes justice on a basis of equal opportunity."

The Court found that this suo motu initiative was taken considering the deplorable situation of the employees and the object of Legal Service Authorities. Therefore, it accepted the said report and ruled that necessary directions can be issued to take appropriate steps in accordance with the mechanism proposed by the authority.

The suo motu petition was thereby disposed of with the following directions: 

1) The State/District Legal Services Authority shall take appropriate action as proposed in the report, if and when any application is received from the victims who are entitled to the benefit of the Act, 1923.

2) To enable the concerned Legal Services Authority to evaluate the applications under the Act, on account of any accident arising during or in the course of employment and a crime is registered, there will be a direction to the State Government, to ensure through the State Police Chief that necessary assistance is given by the concerned police station as and when requested by the concerned Legal Services Authority at the earliest possible time, and to hand over a copy of the F.I.R for the said purpose.

3) On receipt of applications from victims or their legal heirs, the concerned Legal Services Authority shall evaluate the applications, after securing an FIR from the concerned police station or other authority and render assistance to file it before the appropriate statutory authority under the Act. The Legal Services Authority concerned shall process such applications received at the earliest possible time.

Advocate General Asok M. Cherain, Senior Advocate B.G Harindranath, Senior Government Pleader V. Tekchand and Government Pleader Shyamprasanth T.S appeared in the matter. 

Case Title: Suo Motu v. State of Kerala

Citation: 2022 LiveLaw (Ker) 143

Click Here To Read/Download The Order