Insurer Absolved as Employer Permitted Unqualified Driver to Operate Heavy Vehicle; Compensation Awarded to Deceased's Family
In a significant ruling, the Uttarakhand High Court has upheld the decision of the Workmen's Compensation Commissioner, holding Dev Bhoomi Construction Pvt. Ltd. liable for compensation following a fatal accident involving their employee, Manish Kumar. The court dismissed the appeal filed by the company, affirming the employer's negligence in allowing an unqualified driver to operate a heavy vehicle, which resulted in the tragic death of the driver.
The case stemmed from an incident on the night of March 20-21, 2009, when Manish Kumar, employed as a driver by Dev Bhoomi Construction, lost his life in an accident while driving a heavy vehicle on the Rishikesh-Srinagar motor road. Despite possessing only a Light Motor Vehicle (LMV) licence, Kumar was permitted by the company to drive a heavy dumper, a breach of policy conditions that led the court to fix liability solely on the employer.
The appellant company contended that the liability should fall upon the insurance company with which the vehicle was insured. However, the court found that the deceased's Heavy Motor Vehicle (HMV) licence was unverified and potentially fraudulent, as reported by the insurer's investigator. Citing precedents such as National Insurance Co. Ltd. v. Swaran Singh and Pappu v. Vinod Kumar Lamba, the court reiterated that an insurer is absolved of liability when policy breaches are directly attributable to the insured's negligence.
Justice Pankaj Purohit, presiding over the case, noted that the Workmen's Compensation Commissioner had correctly assessed the circumstances and evidence. The compensation amounting to Rs.5,46,560, along with interest, was calculated based on the statutory provisions under the Workmen's Compensation Act, 1923, considering the deceased's notional monthly income and age.
The court's decision underscores the importance of employers ensuring compliance with statutory and policy conditions, especially regarding the qualifications required for operating specific classes of vehicles. This judgment serves as a reminder of the legal obligations employers bear in safeguarding their employees and adhering to insurance policy stipulations.
Bottom Line:
Compensation claim under Workmen's Compensation Act, 1923 - Employer's liability established for permitting an unqualified driver with an LMV licence to drive a heavy vehicle leading to a fatal accident - Insurer absolved of liability due to breach of policy conditions attributable to the employer.
Statutory provision(s):
- Workmen's Compensation Act, 1923, Sections 4, 30
- Motor Vehicles Act, 1988, Section 149
Dev Bhoomi Construction Pvt. Ltd. v. Bhakti Ram, (Uttarakhand) : Law Finder Doc id # 2855312
