NATIONAL INSURANCE Vs. DEVU POOJARI

JUDGEMENT

(1.) The insurance company has filed this appeal raising the following substantial questions of law:

(2.) It is established from the evidence on record that deceased Dinesh Poojary was the cleaner of insured vehicle (Tipper bearing registration No. KA-19/A-6023). On the fateful day, at about 11.00 a.m., the deceased was engaged in loading mud from hillock to the tipper. When the mud was being loaded from hillock by using JCB to the tipper, a portion of hillock caved in and the deceased was buried under mud and stones. After removal of mud and stones, he was found dead.

(3.) Sri. M.U. Poonacha, learned counsel for insurance company would submit that the deceased was working as a cleaner of the insured vehicle (Tipper bearing registration No. KA-19/A-6023) and he was engaged for the purpose of loading or unloading the mud; the accident did not take place when the insured vehicle was under use.