Case Note & Summary
The High Court allowed appeal filed by dependents of deceased driver against exoneration of Insurance Company from liability -- Deceased was driving lorry from Hyderabad to Bengaluru when he stopped at Sales Tax check post -- While standing on footpath, he was hit by unknown lorry and died -- Trial Court held accident did not occur during course of employment as deceased was not in vehicle -- High Court reversed this finding, holding temporary stoppage for payment of road tax was work-related and part of employment -- Relying on precedent, Court held accident occurred during use of motor vehicle in course of employment -- Insurance Company directed to pay compensation of Rs.14,50,000/- as claimed
Headnote
The High Court of Karnataka at Bengaluru allowed Miscellaneous First Appeal filed under Section 30(1) of Employees Compensation Act, 1923 -- The appeal challenged award dated 09.12.2019 passed by VII Additional Judge and ACMM, Court of Small Causes, MACT-3, Bengaluru in ECA No.75/2017 -- The Trial Court had awarded compensation but exonerated Insurance Company holding deceased was not performing duty when standing on footpath -- High Court reversed this finding relying on Smt. Premila and Others vs. Shaliwan and another (2005 SCC OnLine Kar 197) -- Held that temporary stoppage for work-related reasons does not suspend employment relationship -- Accident occurred during use of motor vehicle in course of employment -- Insurance Company directed to pay compensation -- Judgment delivered by Hon'ble Ms. Justice Tara Vitasta Ganju on 19 January 2026
Premium Content
The Headnote is only available to subscribed members.
Subscribe Now
to access key legal points
Issue of Consideration: Whether stopping of vehicle temporarily during journey performed in course of employment would be such that accident would be deemed to be not caused during use of motor vehicle
Premium Content
The Issue of Consideration is only available to subscribed members.
Subscribe Now
to access critical case issues
Final Decision
Appeal allowed -- Impugned award modified -- Insurance Company held liable to pay compensation -- Matter remanded to Trial Court for quantification if necessary
2026 LawText (KAR) (01) 40
Miscellaneous First Appeal No.3065 of 2020 (ECA)
Sri. A.K. Bhat for Appellants, Sri. H.S. Lingaraj for Respondent No.2
Smt. Ramakka, Sri. Manjunatha, Kum. K Sudha
Sri. V. Hari Das, M/s IFFCO Tokio General Insurance Company Ltd.
Premium Content
The Indexes are only available to subscribed members.
Subscribe Now
to access critical case indexes
Nature of Litigation: Appeal against award under Employees Compensation Act, 1923
Remedy Sought
Appellants sought direction to Insurance Company to pay compensation of Rs.14,50,000/-
Filing Reason
Trial Court awarded compensation but exonerated Insurance Company holding accident did not occur during course of employment
Previous Decisions
Trial Court held deceased entitled to compensation but dismissed petition against Insurance Company
Issues
Whether accident occurred during course of employment when driver had temporarily stopped vehicle and was standing on footpath
Submissions/Arguments
Appellant argued deceased was performing duty even while standing on footpath at check post -- Respondent argued accident did not occur while performing duty as deceased was not in vehicle
Ratio Decidendi
Temporary stoppage of vehicle during employment journey for work-related reasons does not suspend employment relationship -- Accident occurring during such temporary stop is in course of employment and during use of motor vehicle -- Insurance liability attaches under statutory policy
Judgment Excerpts
"The facts categorically indicate that the vehicle was stopped temporarily by the driver for a short period for attending to calls of nature. The assignment of work of transportation from Hyderabad to Bidar was not yet complete. The deceased driver was very much on duty."
"The presence of the driver at the accident spot is directly attributable to the use of the motor vehicle. Otherwise, there is no occasion for the deceased to be present at the spot."
"The deceased was clearly not present on the road for any other reason except for the fact that he was driving the vehicle from Hyderabad to Bengaluru on behalf of the respondent No.1 owner and during the course of his employment."
Procedural History
Claim petition filed before MACT -- Trial Court passed award on 09.12.2019 -- Appeal filed before High Court under Section 30(1) of Employees Compensation Act, 1923 -- High Court heard arguments and delivered judgment on 19.01.2026
Premium Content
The Indexes are only available to subscribed members.
Subscribe Now
to access critical case indexes
