Case Note & Summary
The present appeal was filed by the appellants/claimants challenging the order and award dated 30.01.2012 passed by the Labour Officer and Workmen's Compensation Commissioner, Davanagere, dismissing the claim petition for compensation. The factum of the accident and the death of the deceased in the accident were not in dispute. The deceased was a Coolie/Hamali/Loader in the lorry bearing No.KA-05/4074 under the employment of Respondent No.1 and died out of and in the course of employment. The learned counsel for the claimant submitted that the risk of the employee is compulsorily covered under Section 147 of the Motor Vehicles Act, but the Tribunal had wrongly dismissed the claim. The court heard arguments from both sides and perused the records. The court held that the risk of the employee is compulsorily covered under Section 147 of the Motor Vehicles Act, 1988, and the Workmen's Compensation Commissioner had erred in dismissing the claim petition. The appeal was allowed, the impugned order was set aside, and the matter was remitted back to the Workmen's Compensation Commissioner for fresh consideration in accordance with law.
Headnote
A) Workmen's Compensation - Motor Vehicles Act - Section 147 - Coverage of Employee - The risk of a coolie/hamali/loader employed in a lorry is compulsorily covered under Section 147 of the Motor Vehicles Act, 1988 as 'any person' engaged in loading or unloading. The Workmen's Compensation Commissioner erred in dismissing the claim petition. (Paras 2-4)
Issue of Consideration
Whether the risk of a coolie/hamali/loader employed in a lorry is covered under Section 147 of the Motor Vehicles Act, 1988, and whether the Workmen's Compensation Commissioner erred in dismissing the claim petition.
Final Decision
Appeal allowed. Impugned order and award dated 30.01.2012 passed by the Labour Officer and Workmen's Compensation Commissioner, Davanagere, in No.Ka.Aa.Da/Ka.Na.Pa/CR-96/2010 is set aside. The matter is remitted back to the Workmen's Compensation Commissioner for fresh consideration in accordance with law.
Law Points
- Section 147 of Motor Vehicles Act
- 1988 covers risk of employee as 'any person' engaged in loading/unloading
- Workmen's Compensation Act
- 1923 Section 30(1)
