In case of death or injury to the loaded or unloaded workers of the goods carriage is also entitled for the benefits in the policy : The High court of kerala
In case of death or injury to the loaded or unloaded workers of the goods carriage is also entitled for the benefits in the policy : The High court of kerala
Title- United India insurance company limited vs Abdul Razaque o.v. & others
Decided on -13/11/2023
+MFA (ECC) No.- 76/2020
CORAM- THE HONOUR JUSTICE MR. C PRATHEEP KUMAR
INTRODUCTION
As the appeal is been filed under section 30 of the employees compensation Act 1923,filed by the second respondent in E.C.C 116/2017 on the file of the industrial tribunal and employe compensation commissioner, against the order dated on 14/02/2020 Where the court reject the appeal stating that the impugned order passed by the industrial tribunal and employe compensation commissioner is not illigal or irregular
FACT
As the first respondent who was the appellant before the industrial tribunal and employe compensation commissioner, was a loading and unloading worker in the tripper lorry owns by the second respondent. On 8/10/2015 he was employed and was loading and unloading worker and while he was loading coconut tree into tripper lorry it fells down in the body of the first respondent and sustained injury where he approached to industrial tribunal and employe compensation commissioner for claiming compensation by filing application under section 22 of the employees compensation Act 1923 but the appellant admitted the policy but disputed the liability on the ground that policy does not cover the risk of loading and unloading worker in the tripper lorry. Where the employee compensation commissioner awarded a compensation along with the intrest for which appellant preferred this appeal raising the question of law whether the loading and unloading worker of the owner of the trigger lorry comes under the coverage of the classes of employees covered under clause ( c) of the first proviso to section 147 (1) of the M.V. Act 1988.
THE COURT ANALYSIS AND DECISION
As per the Hon’ble court after hearing both the side where the learned council for the appellant prayed for setting aside the impugned order passed by the employees compensation commissioner by allowing this appeal where as the learned council for respondent 1 prayed for the dismissing of the appeal as in the instant case the vehicle was stationary and the Deseaed was loading timber into the tripper lorry when he sustained injuries. As per the present case being a tripper lorry is intended to carry goods. Only if the goods are loaded into the goods carriage it can be transported from one place to another and when it reach it was unloaded As loading and unloading is a part and parcel of the purpose for which the goods carriage s intend to. As per the above loading and unloading of the goods in a goods carriage is inseparably connected with the usage of the goods carriage.as per the Employees Compensation Act is a welfare legislation intended to provide for the payment by certain classes of employers to their employees of compensation for injury by accident. Therefore, the first respondent who was working as loading and unloading employee of the second respondent at the time of the accident squarely comes within the purview of clause (c) of the first proviso to Section 147(1) of the MV Act. and the court do not find any illegality or irregularity in the impugned order passed by the Industrial Tribunal and Employees Compensation Commissioner and the appeal is liable to be dismissed.
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