ORIENTAL INSURANCE CO LTD Vs. HEERABAI

JUDGEMENT

(1.) - Being aggrieved by the order dated 12. 7. 2006, passed by the Commissioner for Workmen's Compensation (Labour Court), Indore, in Case No. 12 of 2005 (WCA) whereby application filed by respondent Nos. 1 to 7 for compensation on account of death of deceased Govind, who happens to be husband of respondent no. 1, father of respondent Nos. 2 to 5 and son of respondent Nos. 6 and 7, was allowed and compensation of Rs. 2,41,201, has been awarded, the present appeal has been filed under section 30 of the Workmen's compensation Act.

(2.) THE appeal was admitted for final hearing by this court vide order dated 27. 9. 2006, on the following substantial questions of law: (1) Whether the death of a labourer caused due to the work outside the scope of work authorised by his master is covered under Workmen's Compensation Act? (2) Whether insurance company, which covers the risk relating to motor vehicle is liable to pay compensation under the workmen's Compensation Act, if the labourer is doing work other than the work relating to motor vehicle? (3) Whether digging of mine is a work included within the definition of driver?

(3.) SHORT facts of the case are that the deceased Govind was employed as driver of a dumper bearing registration No. MKJ 8498, which was owned by respondent No. 8 and insured with appellant at the relevant time. Case of the respondent Nos. 1 to 7 was that on 22. 12. 2004, when the deceased govind was on duty on the offending dumper and reached a mine for collecting the murram, at that time the deceased Govind sustained injuries along with one labourer rakesh. Further case of respondent Nos. 1 to 7 was that because of the injuries Govind died on spot. It was alleged that since the accident occurred during the course of employment, therefore, the respondent No. 8 and appellant is liable for payment of compensation. It was alleged that the deceased was getting Rs. 4,000 per month as salary and Rs. 50 as travelling expenses.