B FATHIMA Vs. S M UMARABBA AND ORS

JUDGEMENT

(1.) A lorry loaded with wooden logs came to the saw-mill for unloading. The deceased in M.V.C. No. 430/1990 was working in the saw-mill. The lorry had also carried the loaders in the lorry for the purpose of unloading.

(2.) The lorry loaded with wooden logs was parked on a down-gradient surface for the purpose of unloading. The rope tied as a grip to the wooden logs for safety was untied by one of the loaders negligently. A heavy wooden log fell on the deceased who was near the lorry for the purpose of unloading. The mother of the deceased is the petitioner.

(3.) The deceased apart from being an employee, is also a third party in law since he was not an inmate of the lorry at the time of accident. The accident occurred when the lorry was in use. Therefore, the owner and insurer of the lorry are liable to pay the compensation. The dismissal of the claim petition is bad in law.