Case Note & Summary
The appeal was filed by the dependents of Shaikh Aleem, a truck driver who died in an accident on 23-24 May 2005. He was employed by respondent No.1 as a driver of truck No. MH-26-7230 on a monthly salary of Rs.5000 plus Rs.50 daily bhatta. On the night of 23 May 2005, after unloading cotton at Ayodhya Ginning factory in Jintur, he parked the vehicle and while walking on the roadside, was knocked down by an unknown vehicle. He succumbed to injuries the next day. A crime was registered under Sections 279 and 338 IPC against the unknown vehicle. The claimants filed a claim under the Workmen's Compensation Act before the Civil Judge, Senior Division and Ex-Officio Commissioner for Workmen's Compensation, which was dismissed. The appeal was admitted and the substantial question of law was formulated as whether the deceased expired during the course of employment. The court heard arguments and held that the accident arose out of and in the course of employment, as the driver was performing his duties and was exposed to the risk of the road. The court allowed the appeal and set aside the dismissal, remanding the matter for fresh consideration on quantum of compensation.
Headnote
A) Workmen's Compensation - Arising out of Employment - Section 3 of the Workmen's Compensation Act, 1923 - The issue was whether the death of a truck driver, who was hit by an unknown vehicle while walking on the road after parking his truck for unloading, arose out of and in the course of employment. The court held that the accident had a causal connection with the employment as the driver was performing his duties of unloading and was exposed to the risk of the road. The death was held to be during the course of employment. (Paras 1-10)
Issue of Consideration
Whether the deceased Shaikh Aleem expired during the course of employment suffered an accident?
Final Decision
Appeal allowed. The judgment of the Commissioner for Workmen's Compensation is set aside. The matter is remanded back to the Commissioner for fresh consideration on the quantum of compensation.
Law Points
- Workmen's Compensation Act
- 1923
- Section 3
- arising out of and in the course of employment
- causal connection
- employment risk
- motor vehicle accident
- burden of proof
