The death of an employee caused by an act of criminals is an accident arising out of and in the course of employment, and the employer and insurance company are liable to pay compensation for such an accident.

M.Y.Eqbal, J.

1. By this writ application, the petitioner National Insurance Co. Ltd. has challenged the order dated 22.11.85 passed by the Presiding Officer, Labour Court, Bokaro Steel City, Dhanbad, in Workmens Compensation Case No. 24 of 1982 whereby it was held that the petitioner is equally responsible to make payment of compensation amount for the death of Durga Ram, driver of vehicle, who died during the course of his employment.

2. The facts of the case are not much in dispute. The deceased Durga Ram was employed by the owner of the vehicle No. WBQ 9491 as the driver. It appeals that the deceased Durga Ram and the cleaner Deolal Ram were murdered by some criminals on the way while they were transporting diesel (a petroleum product) from Dhanbad to Bokaro. The dead bodies were recovered from the driving cabin of the truck-lorry No. WBQ 9491. The trucklorry was found near Khakikala Nulla on Dumri-Bermo Road in the shape of an accident. The dependants of the deceased Durga Ram filed an application before the Commissioner, Workmens Compensation under the Workmens Compensation Act claiming compensation from the owner and insurer of the vehicle. On being noticed, the petitioner insurance company appeared and filed written statement challenging the maintainability of the application on various grounds. It was stated that the coverage of risk undertaken by the insurance company is a contract between the insured and the insurer and the said contract has nothing to do with the said act according to which the employer is responsible for payment of compensation. A further stand was taken that the insurance policy between the petitioner and the owner does not contemplate any such event raising any liability on the insurer. The matter was ultimately heard by the Presiding Officer, Labour Court before whom evidence was adduced by the claimants. The Labour Court after considering the entire evidence on record, came to the finding that both the driver and the cleaner died in an accident or murder, which took place during the course of employment. They have been killed while they were transporting the goods in the vehicle which fact has been admitted by the opposite parties. According to the Labour Court, therefore, both the owner and insurer of the vehicle are jointly and severally liable for payment of compensation to the claimants. Accordingly, by order impugned, the Labour Court held the petitioner liable for payment of compensation.

3. Mr. G.C. Jha, counsel for the petitioner assailed the order of Labour Court as being illegal and without jurisdiction. According to the learned counsel, the cause of death was not because of the accident of the vehicle; rather it was because of acts of criminals for which the insurance company is not liable. The learned counsel submitted that murder of the deceased by the criminals does not amount to an accident within the meaning of sec. 3 of the Workmens Compensation Act and, therefore, no liability could be fastened.on the insurance company. The learned counsel lastly submitted that it is the primary responsibility of the employer to pay compensation and unless the liability has been undertaken under the insurance policy, the petitioner cannot be held liable for payment of compensation.

4. On the other hand, Mr. C.S. Prasad, learned counsel appearing on behalf of the claimants, supported the impugned order by submitting that no evidence was led by the insurance company, nor the insurance of the vehicle was denied. The learned counsel submitted that since driver and the cleaner were murdered while they were transporting the goods of the employer and, therefore, the employer and the insurance company cannot be exonerated from liability for payment of compensation.

5. Before appreciating the submissions made by learned counsel for the parties, it would be useful to refer to sec. 3 of the Workmens Compensation Act.

"(3) Employers liability for compensation. (1) If personal injury is caused to