United India Insurance Co Ltd Vs Sri Rama Swamy (Telangana High Court)
In the order under challenge the Commissioner held that the claimants in this appeal are the husband and minor son of deceased. She met with an accident while she was returning from work along with other labourers and subsequently she died while undergoing treatment, and thus, the accident occurred during the course of employment. The Commissioner has also observed that the premium was collected to cover the risk of five labourers under the Act. Therefore, the owner of the vehicle and insurer are jointly and severally liable to pay compensation to the dependants of the deceased workman.
On a perusal of the charge sheet, no doubt, the deceased and injured are labourers, but they are not working with the owner of the Tractor and Trailor and there is no employer and employee relationship between them and that the accident has not occurred during the course of employment since the deceased and injured were returning after attending the labour work in a Tractor along with marriage party, they met with an accident and sustained injuries. Therefore, it amounts to breach of the terms and conditions of the policy and the insurance company is not liable to pay the compensation.
