Case Note & Summary
The case involves an appeal by the United India Insurance Company against an award of the Commissioner for Workmen's Compensation at Jalna in W.C.A.No.9 of 2001. The claimants, legal heirs of deceased Madhukar Kamble, filed a compensation application alleging that Madhukar, employed as a driver by respondent No.5 (Lucky Goods Transport Company) and respondent No.6 (truck owner), died during the course of his employment while driving a truck to Mumbai. The Insurance Company contested liability, arguing that the death was not caused by the use of the vehicle. The Commissioner awarded compensation, and the Insurance Company appealed. The High Court framed the issue as whether the insurer is liable when the death is not proximate to the vehicle's use. The Court analyzed Section 3 of the Workmen's Compensation Act, 1923, which provides for employer's liability for personal injury caused to a workman by accident arising out of and in the course of employment. The Court held that the death occurred during the course of employment, and the Act does not require the accident to be caused by the vehicle's use. Therefore, the insurer is liable to pay compensation. The appeal was dismissed, and the award was upheld.
Headnote
A) Workmen's Compensation - Employer's Liability - Section 3 of Workmen's Compensation Act, 1923 - Death During Course of Employment - The issue was whether the insurer is liable when a driver dies while on duty but the cause of death is not proximate to the use of the vehicle. The Court held that the insurer is liable as the death occurred during the course of employment, and the Workmen's Compensation Act does not require the death to be caused by the vehicle's use. (Paras 2-3)
Issue of Consideration
If a driver employed on a vehicle suffers accidental death while on duty but cause of his death is not proximate to the actual user of the said vehicle, whether the insurer of the said vehicle can be made liable to pay the amount of compensation to the legal heirs of the said deceased driver?
Final Decision
Appeal dismissed. The judgment and award of the Commissioner for Workmen's Compensation is upheld. The Insurance Company is liable to pay compensation.
Law Points
- Workmen's Compensation Act
- 1923
- Section 3
- Employer's Liability
- Insurance Liability
- Course of Employment
- Proximate Cause
