NATIONAL INSURANCE COMPANY LTD Vs. PHILOMINA MATHEW

JUDGEMENT

(1.) The Judgment of the court was delivered by Jagannadha Rao, C. J.-

(2.) The facts of the case briefly are that the deceased, one John Mathew, fell from the top of a stage carriage bus belonging to the respondent vehicle owner while the vehicle was stationed at the Municipal Bus Stand at Palai. He fell down at 5 a.m. on 13th December, 1984 and was removed to the hospital where he died at 8.30 p.m. on the same day. The claimants are the widow and two children. They are also respondents before us. They moved the Commissioner under the Workmen's Compensation Act claiming a sum of Rs. 51,256.20. They contended that the deceased was employed by the vehicle owner as a cleaner and that the accident occurred out of and in the course of employment. According to them, the deceased was doing the work of cleaning, repairing, changing of tyres, etc. The bus in question does number of trips every day between Palai - Kodungoor. They claimed that the deceased was getting a salary of Rs. 600 per month and that he was aged 27 years at the time of death.

(3.) The defence of the bus owner was that the deceased was not at all working under him as a cleaner, that the deceased was attending to the work not only in relation to his bus but also in relation to other buses at the same bus stand. In other words, he contended that there was no relationship between employer and employee and, therefore, the Workmen's Compensation Act was not applicable. Alternatively, he contended that even if he was liable, the insurance policy taken out by him would make the insurance company liable.