ORIENTAL INSURANCE CO LTD Vs. MARIAMMA

JUDGEMENT

(1.) - One Jose alias t. J. Chacko, the deceased workman was employed as a cleaner in the lorry belonging to the respondent No. 2. On 13. 12. 2002 at 7. 50 p. m. , the deceased was travelling in the lorry of the respondent No. 2 as a cleaner to enable the inmates to take food the deceased got down. He was standing on the extreme side of the road in front of highway petrol bunk on NH 17. The bus bearing registration No. KL 14-B 5277 came in a rash and negligent manner hit against the deceased and caused his death. The lorry of respondent No. 2 is insured with the appellant. The existence of insurance policy is not in dispute. The fact that the deceased was employed as a cleaner at the time of accident is also not in dispute.

(2.) IT is the contention of the insurer appellant, that at the time of accident the lorry was not in movement. The deceased was not an inmate of the lorry and he had got down for the purpose of taking his meals. While standing, the deceased was hit by the offending bus when he was on the road. In view of the absence of requirement under clause (c) to the proviso, i. e. , 'being carried in the vehicle', the insurer is not liable unless the deceased was literally an inmate of the lorry in movement. The deceased should be travelling as a cleaner and the lorry should be in movement.

(3.) THE policy is issued under section 147 in terms of Workmen's Compensation act, the employer incurs liability when death or bodily injury arises to the employee in the course of and out of employment. Insofar as insurer is concerned the liability under the Workmen's Compensation Act would arise when the workman is employed in the goods vehicle or in a passenger vehicle. The words being carried in the vehicle need not be interpreted technically and rigidly. A person employed in a goods vehicle as a cleaner is deemed to be in employment and deemed to be 'being carried in the vehicle', even in a situation where the vehicle is stopped temporarily in the course of the journey, the accident if it happens in the course of employment and the risk of accident is inherent in the nature of employment, it is deemed to be in the course of and out of employment under the workmen's Compensation Act.