Sikkim HC orders vehicle insurer to pay compensation to family of labourer who died in road accident
Justice Bhaskar Raj Pradhan directed United India Insurance Company Ltd to pay the compensation on the ground that the deceased was a workman covered under its policy and not a mere passenger.
The appeal was filed by the victim's parents under Section 166 of the Motor Vehicles Act, 1988, challenging the MACT's ruling, rejecting their compensation claim, stating that the deceased had merely taken a lift and was not covered by the vehicle insurance policy.
The accident occurred on April 20, 2023, when the victim was travelling in the vehicle from Rorathang to Bering in East Sikkim.
The HC noted that the deceased was hired as a daily wage labourer to unload five bags of sand being transported in the vehicle.
The vehicle owner stated that the deceased used to assist in petty work and had boarded the vehicle to unload the sand meant for repairing his house drain, Justice Pradhan said, noting that this was sufficient to prove that the deceased was a workman.
The court held that under the Employees' Compensation Act, the term "workman" includes helpers, cleaners, and others engaged in work connected to a motor vehicle.
Since the vehicle owner had also paid an additional premium for workmen's liability, the insurance coverage extended to the deceased, Justice Pradhan observed.
The HC rejected the insurance company's argument, which relied on an investigator's report claiming that the deceased was a gratuitous passenger because he belonged to the same village as the driver.
The HC held that the accident occurred due to the rash and negligent driving of the vehicle's driver, which made the owner vicariously liable.
Justice Pradhan noted that ₹21.89 lakh was a "just compensation" with a 9 per cent interest rate from the date of filing the claim petition.
This article was generated from an automated news agency feed without modifications to text.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Hindu
35 minutes ago
- The Hindu
HC notices to OMC over CBI's appeal for enhancing punishment
The Telangana High Court, on Wednesday, issued notices to the Obulapuram Mining Company (OMC), which was made one of the accused by the CBI in the illegal mining case and convicted by the special court, in an appeal petition seeking enhancement of punishment to the company. Justice K. Lakshman of the HC passed the order issuing notices to OMC after hearing the CBI's plea filed under Section 418 (2) (b) of the BNSS. The officials contended that the punishment awarded by the trial court was grossly inadequate. The punishment of imposing one lakh rupees fine on OMC did not match the gravity of the crime established against the company, the investigating agency said in the plea. The CBI wanted that the punishment should act as a deterrent for the companies indulging in fraudulent practices. Three months ago, the CBI Special Court held the company guilty under Sections 120-B and 420 of the Indian Penal Code, imposing a fine of one lakh rupees. The judge posted the matter to September 17 for next hearing.
Time of India
an hour ago
- Time of India
Rs 1 lakh awarded by tribunal to man injured in 2019 road accident
Thane: Motor Accident Claims Tribunal reduced the compensation claim of a 49-year-old road accident victim from Rs 35.3 lakh to Rs 1.23 lakh with 9% annual interest, ruling that he suffered no functional disability despite injuries. Tired of too many ads? go ad free now The accident occurred on the Western Express Highway, when the victim, a resident of Kalyan, was riding pillion on a bike and was struck by a speeding Maruti Celerio private car. The impact threw him off the bike, causing fractures and other injuries. He was shifted for treatment at different hospitals and remained under medical care for several days. A case was filed against the car driver and the vehicle was insured, making both the owner and insurer jointly and severally liable to compensate the victim. The tribunal noted that although a disability certificate citing 41% partial disability was produced, it was not issued by the treating hospital and lacked proper medical evidence. The victim resumed employment after the accident and was earning more at another private company.
Time of India
2 hours ago
- Time of India
HC orders screening of CCTV footage of Nainital poll counting
Dehradun: The Uttarakhand high court (HC) bench of Chief Justice G Narendar and Justice Subhash Upadhyay on Wednesday directed that CCTV footage of the zila panchayat president election counting in Nainital be screened. The court was hearing a petition filed by Poonam Bisht, one of the 22 voters in the election, who alleged that a ballot was tampered with during counting on the intervening night of Aug 14-15. The bench ordered that the footage, preserved in the treasury locker, be shown at 11 am on Thursday at the district magistrate's (DM) office. DM Vandana Singh will arrange for the screening and ensure videography of the process. Bisht's counsel has alleged that an officer tampered with a ballot paper, adding to the controversy surrounding the result. The HC directed that the petitioner, govt counsels, the State Election Commission's advocate and both presidential candidates -- Deepa Darmwal and Pushpa Negi -- be present during the review of CCTV and video recordings. The bench clarified that only nine individuals will attend the screening: three advocates from the petitioner's side, three from the govt, the SEC advocate, and the two candidates. Security for the process will be handled by SP (city) Jagdish Chandra. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like American Investor Warren Buffett Recommends: 5 Books For Turning Your Life Around Blinkist: Warren Buffett's Reading List Undo At the hearing earlier in the day, the DM informed the court that one voter had marked only a second preference without indicating a first choice, rendering the vote invalid under election rules. "The tally was equal, so a lottery was conducted to decide the winner. I saw the entire process, as did the observer and it is recorded in the CCTV footage," she told the court. Singh added that both candidates were given two opportunities to examine the process and review the ballots, once during the counting itself and again on Aug 19. The next hearing is scheduled for Thursday. Stay updated with the latest local news from your city on Times of India (TOI). Check upcoming bank holidays , public holidays , and current gold rates and silver prices in your area.
