Employees Compensation Act –Compensation for accident – If loading / unloading worker while loading coconut tree in stationery lorry is employee under Clause (c) of first proviso to Section 147(1) of the MV Act, 1988?
Employees Compensation Act –Compensation for accident of loading / unloading worker while loading coconut tree in stationery lorry – Whether such Worker is employee under Clause (c) of first proviso to Section 147(1) of the MV Act, 1988?
The respondent no.2 – a loading / unloading worker in tipper lorry owned by the respondent no.2 suffered injuries in the accident while loading coconut tree in the stationary lorry.
He claimed compensation under the Employees Compensation Act, 1923. The appellant – Insurer objected the claim on the ground that the policy did not cover the loading / unloading worker of the insured lorry and he was neither driver, conductor nor cleaner of lorry. However, the said objection was rejected and compensation was awarded.
HELD that loading and unloading of the goods transported in a goods carriage is to be treated as part and parcel of the purpose for which the goods carriage is intended to. Viewed from the above angle, it is to be held that loading and unloading of the goods in a goods carriage is inseparably connected with the use of a goods carriage. Respondent no.1 who was loading and unloading employee of the respondent no.2 at the time of accident squarely covered by clause (c) of first proviso to section 147(1) of the MV Act.
Judgment dated 13.11.2023 in MFA (ECC) No.76 of 2020 – United India Insurance Company Ltd Vs. Abdul Razaque and another.
