Case Note & Summary
The case involves a first appeal filed by the employer, Balaji Constructions, challenging the judgment and order of the Commissioner appointed under the Workmen's Compensation Act, Civil Judge, Senior Division, Osmanabad, in Application (WCA) No. 46/2008. The Commissioner had awarded compensation and penalty in favor of the claimants, who are the legal heirs of the deceased Jaihind, but exonerated the insurance company. The deceased Jaihind was working as a driver on a truck tipper bearing No. MH-25 B-7920, which was insured with respondent No.7, United India Insurance Co. Ltd. On 11.05.2008, while the tipper was being driven by a second driver, the vehicle left the road and went into a ditch, causing Jaihind to fall and be crushed under the truck, resulting in his death. The claimants sought compensation under the Workmen's Compensation Act. The Commissioner found that the deceased was a workman and the accident arose out of and in the course of employment, awarding compensation of Rs.5,00,000 along with penalty. The insurance company was exonerated on the ground of breach of policy conditions. The employer appealed, contending that the insurance company should be liable. The High Court, after hearing both sides, upheld the Commissioner's decision, noting that the employer failed to prove any breach of policy conditions. The court dismissed the appeal, confirming the award against the employer.
Headnote
A) Workmen's Compensation Act - Employer's Liability - Insurance Exoneration - Sections 3, 4, 4A Workmen's Compensation Act, 1923 - The employer challenged the award of compensation and penalty by the Commissioner under the Workmen's Compensation Act, where the insurance company was exonerated. The court held that the employer failed to prove any breach of policy conditions, and thus the award was upheld. (Paras 4-6)
Issue of Consideration
Whether the employer is liable to pay compensation under the Workmen's Compensation Act when the insurance company is exonerated due to alleged breach of policy conditions.
Final Decision
The High Court dismissed the appeal, upholding the Commissioner's award of compensation and penalty against the employer.
Law Points
- Workmen's Compensation Act
- 1923
- Section 3
- Section 4
- Section 4A
- Employer's liability
- Insurance exoneration
- Breach of policy conditions
- Burden of proof
Case Details
2015 LawText (BOM) (07) 52
First Appeal No. 123 of 2014 with Civil Application Nos. 13292/2014 & 4475/2013
Mr. B. K. Bhosale h/for Mr. Parag V. Barde for appellant, Mr. S. S. Shinde for respondents 1, 4 and 5, Mr. S. S. Rathi for respondent No.7
Balaji Constructions Through Sunil Chandrabhan Mane
Chandrakala Jaihind Bhure & Ors.
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Nature of Litigation
First appeal against judgment and order of Commissioner under Workmen's Compensation Act awarding compensation and penalty to claimants and exonerating insurance company.
Remedy Sought
Appellant employer sought to set aside the award and hold insurance company liable.
Filing Reason
Employer challenged the award of compensation and penalty against him, arguing that the insurance company should be liable.
Previous Decisions
Commissioner under Workmen's Compensation Act, Civil Judge, Senior Division, Osmanabad, in Application (WCA) No. 46/2008 awarded compensation and penalty in favor of claimants and exonerated insurance company.
Issues
Whether the employer is liable to pay compensation under the Workmen's Compensation Act when the insurance company is exonerated due to alleged breach of policy conditions.
Submissions/Arguments
Appellant employer argued that the insurance company should be liable for compensation.
Respondents-claimants supported the Commissioner's award.
Insurance company contended that there was breach of policy conditions.
Ratio Decidendi
The employer failed to prove any breach of policy conditions; therefore, the insurance company's exoneration was proper, and the employer is liable to pay compensation under the Workmen's Compensation Act.
Judgment Excerpts
The appeal is filed by the appellant/employer, who is owner of the vehicle involved in the motor vehicle accident, for challenging the judgment and order of Commissioner appointed under the Workmen's Compensation Act...
Compensation and penalty is awarded in favour of the present respondents-claimants but the Insurance Company is exonerated.
Procedural History
The Commissioner under the Workmen's Compensation Act, Civil Judge, Senior Division, Osmanabad, passed an award in Application (WCA) No. 46/2008 on an unspecified date, awarding compensation and penalty to claimants and exonerating the insurance company. The employer filed First Appeal No. 123 of 2014 in the High Court of Bombay at Aurangabad, which was admitted and disposed of by consent on 2nd July 2015.
Acts & Sections
- Workmen's Compensation Act, 1923: 3, 4, 4A
