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PANKAJ JAIN
Balwant Singh – Appellant
Versus
Pala Singh – Respondent
JUDGMENT :
(Pankaj Jain, J.)
Present appeal is directed against order dated 07.11.1990 passed by Commissioner Workmen’s Compensation, Kurukshetra dismissing the claim petition filed under the Workmen Compensation Act, 1923 (now re-named as Employees Compensation Act, 1923).
2. Claimants filed claim application seeking compensation on account of death of Amarjit Singh son of Balwant Singh claiming that he was employed as a truck driver bearing truck No.HYM 3085 with opposite party No.1. On the fateful day, i.e. on 05.05.1985, he was on duty. The truck was loaded. The same turned turtle and went into the pit. The deceased Amarjit Singh was crushed to death under the truck.
3. The employer i.e. opposite party No.1 opted not to appear and was proceeded ex-parte. The claim was contested by the insurer. It is not denied that the truck was insured. However, it was claimed that since as per the contents of the FIR, it is evident that the deceased was travelling as a passenger and not the driver of the truck, he did not die during the course of employment. Commissioner framed following issues:-
The court established that an employee's presence in a vehicle during an accident, even if not driving, qualifies for compensation under the Employees Compensation Act.
Long spells of driving can be a material contributory factor for untimely death of Driver.
The central legal point established in the judgment is the requirement to establish a clear causal connection between an accident and employment to determine entitlement to compensation under the Wor....
Death of workman by murder due to personal enmity, occurring remotely during nominal employment duties, does not arise out of and in course of employment under Workmen’s Compensation Act absent causa....
Workmen’s compensation - Natural death - Death by heart attack is an accident is well recognized.
The central legal point established in the judgment is that for an employer's liability for compensation, there must be a causal relationship between the accident and the employment, as per Section 3....
An insurance company must fulfill its obligations under the policy unless there’s clear evidence of breach impacting liability.
Compensation claims under the Employee's Compensation Act require proof of an accident arising out of and in the course of employment.
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