BENGALURU: If a driver on responsibility dies following a cardiac arrest whereas taking relaxation in his automobile, the insurance firm shouldn’t be absolved of its legal responsibility to pay compensation on the grounds that the automobile was not beneath utilization, the Dharwad bench of the excessive court docket has noticed.
“Usage of the vehicle does not mean that at the time of his death, the driver needs to necessarily be driving. But in casual connection with his employment, he was sleeping in the truck and, while taking rest, suffered a heart attack,” Justice HP Sandesh famous in his order in reference to the loss of life of 1 Eranna in 2008.
A resident of Guledagudda in Badami taluk of Bagalkot district, Eranna was employed as a truck driver. He was taking relaxation close to Idya village, Surathkal, by halting within the automobile, when he suffered a coronary heart assault and died. His spouse Shankaramma then moved the commissioner beneath the Workmen’s Compensation Act. On August 20, 2009, an order was handed, directing fee of Rs 3,03,620 with 12% curiosity as compensation. The order was challenged by National Insurance Company Limited, the insurer of the automobile.
The insurer contended that Eranna’s loss of life was on account of cardiac failure. It stated the proprietor had additionally lodged a grievance stating that the motive force was within the behavior of getting drunk and when he was consuming alcohol, there was no legal responsibility on the employer to pay compensation. The claimants argued that no materials was positioned relating to consumption of alcohol.
“Usage of the vehicle does not mean that at the time of his death, the driver needs to necessarily be driving. But in casual connection with his employment, he was sleeping in the truck and, while taking rest, suffered a heart attack,” Justice HP Sandesh famous in his order in reference to the loss of life of 1 Eranna in 2008.
A resident of Guledagudda in Badami taluk of Bagalkot district, Eranna was employed as a truck driver. He was taking relaxation close to Idya village, Surathkal, by halting within the automobile, when he suffered a coronary heart assault and died. His spouse Shankaramma then moved the commissioner beneath the Workmen’s Compensation Act. On August 20, 2009, an order was handed, directing fee of Rs 3,03,620 with 12% curiosity as compensation. The order was challenged by National Insurance Company Limited, the insurer of the automobile.
The insurer contended that Eranna’s loss of life was on account of cardiac failure. It stated the proprietor had additionally lodged a grievance stating that the motive force was within the behavior of getting drunk and when he was consuming alcohol, there was no legal responsibility on the employer to pay compensation. The claimants argued that no materials was positioned relating to consumption of alcohol.
