Appeal by an insurance company against an award for death compensation of a 63-year-old school bus driver who died of a heart attack. The court observed stress was inherent in the long drive and ignored non-consensual vehicle transfer.
Appeal dismissed; NO costs awarded to the insurance company.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.SOMARAJAN
FRIDAY, THE 20TH DAY OF MAY 2022 / 30TH VAISAKHA, 1944
MFA NO. 184 OF 2011
AGAINST THE ORDER/JUDGMENT DATED 05/05/2011 IN WCC 447/2004 OF
COMMISSIONER FOR WORKMEN’S COMPENSATION, THRISSUR
APPELLANT/3RD OPPOSITE PARTY:
THE ORIENTAL INSURANCE COMPANY LIMITED,
THRISSUR NOW REPRESENTED BY ITS ASSISTANT AMANGER,
REGIONAL OFFICE,METRO PALACE, KOCHI-18.
BY ADVS.
SRI.MATHEWS JACOB (SR.)
SRI.P.JACOB MATHEW
RESPONDENTS/APPLICANTS AND OPPOSITE PARTIES 1 & 2:
*1SICILY W/O LATE JOSE, PORATHUR ETTIKURU HOUSE,
LINK ROAD,. PO. ANCHERY,THRISSUR. PIN-680 521.(DIED)
*IT IS DECLARED THAT THE 1ST RESPONDENT SICILY DIED AND
IT IS RECORDED THAT THE RESPONDENTS 2 AND 3 WHO WERE
ALREADY IN THE PARTY ARRAY AS THE LEGAL HEIRS OF
DECEASED FIRST RESPONDENT AS PER ORDER DATED 8/2/2022
VIDE IA 1/2021.
2 SIJO, S/O LATE JOSE, PORATHUR ETTIKURU HOUSE, LINK ROAD, PO ANCHERY, THRISSUR. PIN-680 521.3 JOMON, S/O LATE JOSE, PORATHUR ETTIKURU HOUSE, LINK ROAD, P.O, ANCHERY, THRISSUR, PIN-680 521.4 THE MANAGER DON BOSCO HIGH SCHOOL, MULLAKKARA, MANNUTHY, PIN-680 513.5 MARTIN PAUL, MOLAYAN HOUSE, CHEERACHIKULAM, OLLUR, THRISSUR- PIN-680 503.BY ADVS.
SRI.DILIP J. AKKARA
SRI.K.B.GANGESH
SMT.SMITHA CHATHANARAMBATH
THIS MISC. FIRST APPEAL HAVING COME UP FOR HEARING ON
20.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
MFA NO. 184 OF 2011
2
JUDGMENT
This appeal is by the Insurance Company against
the award passed by the Compensation Commissioner on
account of the death of victim, who was aged 63 years
at that time. He was serving as a driver of a school
bus. The incident happened while he was driving the
vehicle/school bus from Nelliambathi to Thrissur and
he met with a sad death due to heart attack during
the course of driving near to Thrissur at Cheruvalli
at 6 p.m. It is submitted by the learned counsel for
the respondents that the death was due to heart
attack and not due to any stress or strain taken
during the course of employment. The fact that the
victim aged 63 years was driving the vehicle such a
long distance of 75 kms from Nelliambathy to the
place of accident near Thrissur would sufficiently
show the stress and strain meted out by him and as
such, the legal position settled by the Apex Court in
Jyothi Ademma v. Plant Engineer, Nellore (2006(3) KLT
426 (SC)) cannot be applied in the instant case.
MFA NO. 184 OF 2011
3
2. Inter alia, it was contended that there is no
employer-employee relationship between victim and the
respondents 4 and 5. It is submitted that the
vehicle was insured by the 5th respondent who was the
then owner of the vehicle with the insurance company/
the appellant. Subsequently, it was transferred to
the 4threspondent without the consent of the
Insurance Company. At the same time it is admitted
that the vehicle was driven by the victim, who was
aged 63 years and he was employed in the vehicle at
the relevant time, for which there is no dispute at
all. As such, the Insurance Company cannot exonerate
its liability to compensate.
Hence, the appeal fails, dismissed. No costs.
Sd/-
P.SOMARAJAN
JUDGE
msp
2 issues framed by the court
Whether the insurance company is liable to compensate given that the subject was a 63-year-old driver who died of a heart attack.
Whether the lack of employer-employee relationship between the victims and the school/vehicle owner exonerates the insurer from liability.
Colour shows how this judgement treated each authority
Jyothi Ademma v. Plant EngineerDistinguished¶21
Jyothi Ademma v. Plant Engineer, Nellore (2006(3) KLT 426 (SC))
1 provisions across 1 enactments
THE ORIENTAL INSURANCE COMPANY LIMITED
SIJO
JOMON
THE MANAGER DON BOSCO HIGH SCHOOL, MULLAKKARA
MARTIN PAUL
P.SOMARAJAN
As recorded by the court registry
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