NATIONAL INSURANCE CO LTD Vs. LOLAKSHI

JUDGEMENT

(1.) This appeal is filed by the insurance company against the judgment of the Workmen's Compensation Commissioner in awarding compensation for a workman who was murdered during the course of employment, on an application by his widow and 5 children. It is the case of the appellant that the murder has nothing to do with the use of the motor vehicle and it is not arising out of employment.

(2.) Facts of the case are that the deceased was engaged by the first opposite party to drive his autorikshaw. There is no dispute that deceased was a workman as defined in the Act. While he was on duty, 2 persons hired the autorikshaw and he was killed by them. When they hired the autorikshaw, the deceased thought that they were bonafide passengers and they had no previous enmity with him, but they killed him. If he were aware that they are not bonafide passengers, he would not have allowed them to travel in his autorikshaw. The Commissioner has found that the murderers hired the autorikshaw as bonafide passengers and killed the driver. Hence the incident occurred during the course and arising out of the employment.

(3.) The Commissioner has further observed thus: