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2005 Supreme(Kar) 268
Karnataka High Court
Divisional Controller, North West Karnataka road Trans.Corpn. - Appellant
Versus
Drakshayani - Respondent
Decided On : 04-15-05
M.F.A. : 5467 of 2002
G.D.ASVATHANARAYANA, Meena Ramachandran
The cause of the accident must be connected with the nature of the employment and its attending hazard for the employer to be liable for compensation.
Headnote:
liability - compensation for death of employee - employer not liable to pay compensation for death of employee in work premises while not on duty
Fact of the Case:
Deceased employee was not on duty and was free to go home, yet stayed back on the terrace of the bus stand where the accident occurred resulting in death.
Finding of the Court:
The court found that the accident was not in the course of and out of employment, and the cause of the accident was unconnected with the nature of the employment and its attending hazard.
Issues: Whether the employer is liable to pay compensation for the death of the employee in the work premises while not on duty, and whether the award made by the W. C. Commissioner is bad in law.
Ratio Decidendi: The manner of accident and cause of death cannot be deemed to be arising out of and in the course of employment if it is totally unconnected with the nature of the employment and its attending hazard.
Final Decision: The appeal was allowed, the claim petition was dismissed, and the amount in deposit was to be refunded to the appellant.
( 1 ) THE following substantial question of law arises for our consideration in the present appeal:"whether the employer is not liable to pay compensation for the death of employee in the work premises while not on duty? If so, whether the award made by the W. C. Commissioner is bad in law?"
( 2 ) DECEASED Mallappa alias Mallikarjuna bejargie is a driver working under the appellant at Gokak Depot. Deceased was entrusted the duty of driving the bus from Davanagere to Gokak on 30. 3. 2000. The deceased reached Gokak by 4. 30 a. m. on 31. 3. 2000. Deceased was not assigned with any duty on 31. 3. 2000. Deceased was free to go home, yet the deceased stayed back for rest on the terrace of the bus stand. In the morning while getting down from the terrace, the deceased tumbled down resulting in death.
( 3 ) THE wife and children made a claim before the W. C. Commissioner seeking compensation. The W. C. Commissioner awarded compensation. The employer is in appeal seeking avoidance of the liability on the ground that the accident was not in the course of and out of employment.
( 4 ) THE facts narrated above clearly disclose that the assigned duty was completed by the deceased and he was free to go back home, yet he stayed back on the terrace of the first floor of the bus stand. The cause of accident is totally unconnected with the nature of the employment and its attending hazard. The fact that accident occurred at workplace is not a significant criteria for fastening liability on the employer. The manner of accident and cause of death cannot be deemed to be arising out of and in the course of employment. Therefore, the award made against the appellant-employer is bad in law.
( 5 ) THE appeal is allowed. The claim petition is dismissed. The amount in deposit to be refunded to the appellant. Appeal allowed.
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