Case Note & Summary
The appeal was filed by the National Insurance Company Limited challenging the judgment and award dated 20.08.2009 passed by the Labour Officer and Commissioner for Workmen Compensation, Bagalkot, in WCA.F.No.109-A/2008, whereby compensation of Rs.3,03,620/- with interest at 12% per annum from the date of petition till deposit was awarded to the claimants, who are the widow and minor children of the deceased Eranna. The factual matrix is that the deceased Eranna was working as a driver of lorry bearing No.KA-19/B-1126 owned by respondent No.5 (Suresh K). While on a journey, he halted the lorry near Idya village, Suratkal, and took rest inside the vehicle. During that rest, he died due to asphyxiation. The claimants filed a claim petition before the Commissioner, who held that the death arose out of and in the course of employment and awarded compensation. The Insurance Company appealed, contending that there was no employer-employee relationship, that the death did not occur during the course of employment, and that the compensation was excessive. The court analyzed the evidence and found that the deceased was employed as a driver and was on duty when he halted for rest. The court held that the accident arose out of and in the course of employment because the driver was under a duty to safeguard the vehicle and goods, and the risk of asphyxiation while resting in the lorry was incidental to his employment. The court also upheld the quantum of compensation and the rate of interest. The appeal was dismissed, and the award of the Commissioner was confirmed.
Headnote
A) Workmen's Compensation - Accident Arising Out of and in Course of Employment - Section 3 of Workmen's Compensation Act, 1923 - Death of Driver While Resting in Lorry During Journey - The deceased driver, while on a journey, halted the lorry near Idya village and died due to asphyxiation while resting in the vehicle. The court held that the accident arose out of and in the course of employment as the driver was under a duty to safeguard the vehicle and goods, and the risk of asphyxiation was incidental to his employment. The Commissioner's award of compensation was upheld. (Paras 2-10) B) Workmen's Compensation - Employer-Employee Relationship - Section 3 of Workmen's Compensation Act, 1923 - Burden of Proof - The Insurance Company contended that there was no employer-employee relationship and that the death was not during employment. The court found that the claimants had established the relationship and that the death occurred during the course of employment, as the driver was on duty and resting during a necessary halt. The burden of proof was discharged by the claimants. (Paras 5-8) C) Workmen's Compensation - Interest on Compensation - Section 4A of Workmen's Compensation Act, 1923 - The Commissioner awarded interest at 12% per annum from the date of petition till deposit. The court upheld the rate of interest as per the statutory provisions. (Para 10)
Issue of Consideration
Whether the death of a driver who died while resting in the lorry during a journey can be considered as an accident arising out of and in the course of employment under the Workmen's Compensation Act, 1923.
Final Decision
Appeal dismissed. The judgment and award of the Commissioner for Workmen Compensation, Bagalkot, dated 20.08.2009 in WCA.F.No.109-A/2008 is confirmed. The Insurance Company is directed to deposit the compensation amount with interest within four weeks.
Law Points
- Accident arising out of and in course of employment
- Workmen's Compensation Act
- 1923
- Section 3
- Driver resting during journey
- Death due to asphyxiation
- Employer-employee relationship
- Burden of proof
- Insurance liability
