HARIJAN MANGRI SIDDAKKA & ORS. v. ORIENTAL INSURANCE CO. LTD. & ANR.

Case Details & Bench

Court: High Court
Hon'ble Judges: Dr. ARIJIT PASAYAT
HARJIT SINGH BEDI
Judgment Date: 2008-07-16
Court Decision / Holding: Appeal allowed to the extent of remitting the matter to the High Court for fresh adjudication on the factual issue of use; no opinion on merits is expressed. The impugned judgment is set aside, and the High Court is to determine, on a detailed factual basis, whether there was use of the motor vehicle and a causal connection to the death.
Final Disposition: Appeal allowed. The matter is remitted to the High Court for afresh consideration on the factual issue of use and causation; no costs.

Parties to the Case

Appellants / Petitioners

Harijan Mangri Siddakka
Others

Respondents

Oriental Insurance Co. Ltd.
Anr.

Legal Representation & Advocates

Counsels for Petitioners

• Kiran Suri

Counsels for Respondents

• S.N. Bhat

Case Synopsis & Summary

The appellants filed a claim under the Workmen's Compensation Act for the deaths of several workmen who were engaged to load mud into a tractor-trailer. The vehicle was being loaded with mud from a quarry when a large quantity collapsed, killing the workers. The Commissioner for Workmen's Compensation held the accident occurred during and in the course of employment and, since the vehicle was used for loading, the insurer was liable to indemnify the award. The Karnataka High Court, however, held that there was no actual use of the vehicle and, consequently, no causal connection between the deaths and the use of the vehicle. The Supreme Court observed that there is little discussion of the factual scenario regarding the connection between death and vehicle use; the question of “use” must be analyzed in the context of the facts of each case, and no straitjacket formula should be applied. As the factual position had not been examined in detail, the Court set aside the High Court judgment and remitted the matter for afresh consideration. It made clear it had not expressed an opinion on merits, and the final decision would depend on a factual assessment of whether the motor vehicle was in use at the relevant time and whether there was a proximate connection to the death. The matter was remitted to the High Court for a fresh adjudication.

Provisions of Law Cited

Workmen's Compensation Act, 1923Section 30(1) of the Workmen's Compensation Act, 1923Workmen's Compensation Act, 1928Section 30(1) of the Workmen's Compensation Act, 1928

Legal Doctrines & Maxims

Use of motor vehicle must be determined by factual analysis (no strait jacket formula)
Proximate cause / casual connection between death and use of vehicle

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellants contended that the accident occurred in the course of loading mud into the tractor-trailer, i.e., during use of the vehicle, and the policy covers the risk of workmen employed in the vehicle. They criticized the High Court's finding of no actual use and argued there is a proximate connection between the death and the vehicle's use, necessitating indemnification. The Court should not apply a rigid formula and should assess the factual scenario to determine use.

Contentions of Respondents

The insurer argued that there was no actual use of the vehicle at the time of the accident and thus no casual connection between the death and the use of the vehicle. Although the death occurred away from the vehicle, the policy is intended to cover the risk of workmen employed in the vehicle, but the absence of proximate use should negate liability. The High Court's conclusion of no use should stand if the factual link to “use” is absent.

Extracted Judgment Text

Exact text extracted from official judgment records.

[2008] 10 S.C.R. 1099 -Ir- A B _A-_ # HARIJAN MANGRI SIDDAKKA AND ORS. _v._ ORIENTAL INSURANCE CO. LTD. AND ANR. (Civil Appeal No. 4437 of 2008) JULY 16, 2008 [DR. ARIJIT PASAYAT AND HARJIT SINGH BEDI, JJ.] _Workmen's Compensation Act, 1923_ - _S.30(1)_ - _Loading of mud in trailor of tractor- Huge quantity of mud collapsed from quarry_ - _Resulting in death of workmen_ - _Claim for com-._ c . _pensation_ - _Held: Claimants required to show that there was. use of motor vehicle at time of accident and there was casual connection between death of the workmen and use of the vehicle_ - _On facts, since factual position not analyzed in great detail, matter remitted to High Court to deal with the matter_ D _afresh._ _-r_ The Appellants filed claim petition claiming compensation in respect of certain workmen who had lost their lives. According to the Appellants, the deceased persons were employed as workmen in a tractor-trailor and when E the trailor was being loaded with mud from quarry, a huge quantity of mud had collapsed from the quarry resulting in death of the workmen. The Commiss·ioner for Workmen's Compensation held that the accident had taken place during and in the course of employment of F the deceased persons and since the vehicle was being used for purposes of loading, the insurance comp~ny, with which the vehicle was insured, was liable to indemnify the award passed.· On appeal under s.30(1) of the Workmen's Compensation Act, 1923, the High Court held G that there was no actual use of the vehicle and, therefore, there was no casual connection between. death of the workmen and use of the vehicle. Hence the present appeals. 1099 H [2008) 10 S.C.R. SUPREME COURT REPORTS 1100 A AUowing the appeal and remitting the matter to High Court, the Court HELD: There is practically no discussion on the factual scenario as to whether there was any connection between the death and the use of the vehicle. It would 8 depend upon the factual scenario in each case and there cannot be any strait jacket formula to be applied. The expression "use" in the Statute is with reference to "use of the motor vehicle". Whether there was a use of the motor vehicle has to be factually analysed .. Since in this case C the factual position has not been examined in detail, it would be appropriate for the High Co!Jrt to deal with the matter afresh. [Paras 4-5] [1101-F,G,H; 1102-A] CIVILAPPELLATE JURISDICTION: Civil Appeal No. 4437 D of 2008 From the Judgment and final Order dated 16.11.2005 of the High Court of Karnataka at Bangalore in M.F.A. No. 487/ 2004 (W.C.) c/w M.F.A. No. 483/2004 (W.C:) E Kiran Suri for the Appellants. S.N. Bhat for the Respondents. The Judgment of the Court was delivered by Dr. ARIJIT PASAYAT, J. 1. Leave granted. F 2. Challenge in this appeal is to the order passed by a learned Single Judge of the Karnataka High Court disposing of an appeal filed under Section 30(1) of Workmen's Cpmpensation Act, 1928 (in short the 'Act'). The appellants lodged claim petition claiming compensation in respect of certain persons G who had lost their lives. According to the appellants the deceased persons were employed as workmen/labourer in a tractor and trailor combination which was the subject matter of insurance. When the trailor was being loaded with mud from the quarry, huge quantity of mud had collapsed from the quarry H smothering the workmen to death. The Commissioner for _4-_ HARIJAN MANGRI SIDDAKKA & ORS. _v._ ORIENTAL 1101 INSURANCE CO. LTD. & ANR. [DR. ARIJIT PASAYAT, J.] Workmen's Compensation (in short the 'Commissioner') held A that the accident had taken place during and in the course of the employment and since the vehicle has been used for purposes of loading, the Oriental Insurance Company Ltd. were liable to indemnify the award made. The Insurer challenged the correctness of the award taking the stand that the liability of the B insurer arises on account of death on a bodily injury arising out of the use of the vehicle and in the present case the admitted circumstances indicate that there was no proximate connection between the use of the vehicle and the actual cause of death which was overlooked by the Commissioner. Stand of the ap- c pellants was that the insurer is not correct in submitting that there was no use of the vehicle at the time of accident. It was pointed out that though the death occurred at a place away from the vehicle or the,fact that the mud which was being loaded on to the trailor from the quarry had killed the workmen, is immaterial D since the policy of the Insurance is intended to cover the risk of workmen employed in the vehicle. The High Court found that there was no actual use of the vehicle and therefore there was no casual connection between the cause of death and the use of the vehicle. . ~-"":''-- E 3. Learned counsel for the appellant submitted that no reason has been indicated by the High Court to hold that there was no casual connection between the death and the use of the vehicle. Reference is made to certain judgments of the High Court where the view expressed by learned Single Judge was not accepted. F 4. We find that there is practically no discussion on the factual scenario as to whether there was any connection between the death and the use of the vehicle. It would depend upon the factual scenario in each case and there cannot be any G strait jacket formula to be applied. ~ 5. The expression "use" in the Statute is with reference to "use of the motor vehicle". Whether there was a use of the motor vehicle has to be factually analysed. Since in this case the H 1102 SUPREME COURT REPORTS [2008] 10 S.C.R. - A factual position has not been examined in detail, it would be appropriate for the High Court to deal the matter afresh. Accordingly, we set aside the impugned judgment and remit the matter to the High Court. 6. We make it clear that we have not expressed any opinB ion on the merits of the case. Appeal is allowed to the aforesaid extent. No costs. B.B.B. Appeal allowed.