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Manju Sarkar v. Mabish Miah

Criminal Appeal · Neutral citation not assigned (Criminal Appeal No. 5847 of 2014)Decided 30 Jun 2014
Criminal Appeal No. 5847 of 2014
Justice T.S. Thakur · Justice C. Nagappan

Background

A truck driver died in a road accident after leaving the vehicle while awaiting its loading away from home. His widow, child and mother sought workmen's compensation, but the courts below treated his absence from the truck as outside employment. The owners claimed his temporary assignment had ended when the truck reached the godown.

Decision Breakdown

The Court allowed the claim because the driver remained employed for the return journey with loaded goods. Employment could extend in time and place beyond the moment of actively driving, and his presence at the distant location arose from the assignment. The family received Rs. 5,08,082.50 including funeral expenses, with 9% annual interest from the claim petition and costs. The insurer could not avoid interest by citing another policy's exclusion when no corresponding exclusion in this policy had been pleaded or proved.

Lesson Learnt

Employment-injury protection can cover necessary periods away from the vehicle or workstation during an ongoing assignment. Whether an accident falls within employment depends on the actual journey, duties and surrounding circumstances.

Official source (sci.gov.in)View Judgment (PDF)

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