PREMILA Vs. SHALIWAN

JUDGEMENT

(1.) THE claimants are the L. Rs. of the deceased Venkat, a driver of Trax Tempo bearing registration No. MH 06-C 2070. On 24. 1. 2000 around 3. 30 a. m. , the deceased was driving Trax Tempo and proceeding from Hyderabad to Bidar on NH-9. The driving of the vehicle was in the course of employment. The deceased driver stopped the vehicle at 3. 30 a. m. , to attend to call of nature, while returning to get into the vehicle, he was hit by a lorry and was killed. The accident is a case of hit and run. The eyewitness corroborates the claimants' version that the deceased was hit by a lorry while getting back to the vehicle from call of nature. The Workmen's Compensation Commissioner has held that the accident in question is held to be in the course of employment and out of employment and awarded compensation of Rs. 1,74,340 against the owner. The claim against the insurer is dismissed on the ground that the accident has not occurred while in use of the motor vehicle. The claimants are in appeal challenging the dismissal of the claim against the insurer.

(2.) THE following substantial question of law arises for consideration:

(3.) THE fact that the deceased was driving the vehicle and stopped the vehicle temporarily to attend to the call of nature and while getting back to the vehicle, he was hit by a lorry, resulting in his death is not in dispute.