ILC-2010-SC-MAC-Sep-2
Mamtaj Bi Bapusab Nadaf and others Vs. United India Insurance Co. and others
Workmens Compensation Act, 1923 - Section 30 , Motor Vehicles Act,1988 - Section 147
Appeal - Liability to pay compensation - Death of laborers into grocery pit due to asphyxia - Use of vehicle was not even claimed as being a ground on which liability is said to be fastened on Insurance Company - Finding of High Court that mere fact that Maize was brought to spot where workmen died in insured vehicle, would not render Insurance Company liable in respect of death, cause of which was not proximate to actual user of vehicle - Insurance Company cannot be held liable to pay compensation to claimants - View of High Court held justified and correct - Claimants given liberty to recover amount of Compensation from employer.
A.K. De, Rajesh Dwivedi, Ashok K. Mahajan, Advocates
Topic(s)-Liability to pay compensation