Summary
The Court restored compensation for the dependants of a truck driver who died after becoming unwell during a long-distance journey on duty. Applying Param Pal Singh, it treated the strain of prolonged driving as a material contributory factor in the unexpected death on these facts. The insurance policy expressly covered compensation liability for employees under the 1923 Act.
Issues
- Whether the driver’s death had the necessary causal connection with his employment.
- Whether the policy covered the compensation awarded under the 1923 Act.
Provisions considered
- Section 3(1), Employee’s Compensation Act, 1923The Court applied the requirement of an accident arising out of and in the course of employment, accepting the employment connection on the facts under the governing truck-driver precedent. (¶¶ 7, 8, 9, 10, 11)
Held
- The employer admitted the driver’s employment, wages and assignment on the long-distance journey. He became unwell while undertaking that duty and died; the toxicology findings did not indicate consumption of poison or liquor. (¶¶ 7, 8)
- Param Pal Singh governed the comparable circumstances. The strain of sustained heavy-vehicle driving could be treated as materially contributing to the unexpected death, constituting an employment-related accident; the absence of a vehicular collision did not defeat this claim. (¶¶ 9, 10, 11)
- The policy was in force and an additional premium covered two employees for compensation payable under the 1923 Act. The award fell within that statutory cover; the authorities cited about different insurance-liability issues did not displace the claimants’ entitlement here. (¶¶ 7, 9, 12, 13)
Result
Appeal allowed; High Court judgment set aside and Commissioner’s award restored: Rs 3,26,140 with interest at 12% per annum from 15 September 2003 until realisation. No costs.