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 five 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 opposite party No. 1 to drive his autorickshaw. There is no dispute that deceased was a workman as defined in the Act. While he was on duty, two persons hired the autorickshaw and he was killed by them. When they hired the autorickshaw, the deceased thought that they were bona fide passengers and they had no previous enmity with him, but they killed him. If he were aware that they are not bona fide passengers, he would not have allowed them to travel in his autorickshaw. The Commissioner has found that the murderers hired the autorickshaw as bona fide passengers and killed the driver. Hence the incident occurred during the course and arising out of employment.

(3.) The Commissioner has further observed thus: