NATIONAL INSURANCE CO LTD Vs. PAPPATHI

JUDGEMENT

(1.) A Heavy vehicle driver of a trailor lorry bearing Regn.No.HR38 A 5454 insured with the National Insurance Company Limited, Namakkal died on his wheels. Impleading the owner of the vehicle and its insurer, legal representatives of the deceased filed W.C.No.470 of 2002 on the file of Deputy Commissioner of Labour and Commissioner for Workmen's Compensation, Salem. The owner of the vehicle remained exparte. The insurance company opposed the claim on the ground that mere travelling in a lorry would not give any stress or strain and therefore, the alleged injury, would not come within the purview of 'employment injury', warranting the insurance company to pay compensation.

(2.) However, on analysis of oral and documentary evidence, more particularly, the FIR, as to the manner of accident and following the decisions in United India Insurance Company Limited Vs. Yasodhammal,1991 1 LLJ 387 (High Court of Kerala), in National Insurance Company Vs. Palava, 1994 1 LLJ 433and United India Insurance Company Limited Vs. Susheela, 2004 LLR 425(Karnataka High Court) and in Lurek Municipality Vs. Raiben Kamanlal, 1993 3 LLJ 90, the claims tribunal held that the National Insurance Company Limited, the appellant herein / insurer of the lorry bearing Regn.No.HR 38A 5454, is liable to pay compensation.

(3.) Though, the said finding fastening liability has been questioned by the company on the very same grounds, this Court is not inclined to accept the same. Ex.A1, First Information Report reads as follows: