The National Insurance Company Limited vs Prakash and Another

Arun Bhansali, J.—Heard learned counsel for the appellant. These appeals are directed against the judgment and award dated 8.4.2011 passed by Motor Accident Claims Tribunal, Dungarpur (''the Tribunal''), whereby while awarding the compensation, the Tribunal has held the appellant-Insurance Company liable for payment of compensation.

The brief facts may be noticed thus: on 10.5.2006, the claimant-Prakash and one Jagdish were engaged in unloading the goods from a truck bearing Registration No. RJ-27-G-2185 when while doing so, the wooden planks placed in the truck gave way and Jagdish was crushed under the marble slabs in the truck itself, while Prakash received injuries. For the said incident, the claimant Prakash and legal representatives of Jagdish filed application for compensation against owner, driver and appellant-Insurance Company.

The plea of the appellant-Insurance Company was that as the appellant-Insurance Company had taken only risk towards 3rd party under the insurance policy and no premium was taken for the labour, therefore, the appellant-Insurance Company was not liable. However, the learned Tribunal while deciding issue No. 2 on analysing the evidence produced by the appellant-Insurance Company came to the conclusion that the deceased and the claimant, who were involved in unloading the goods were 3rd party and therefore, the appellant-Insurance Company was liable for payment of compensation.

It is submitted by learned counsel for the appellant that the appellant had not undertaken the risk of the labour working inside the truck and as deceased Jagdish was crushed while on the truck itself he cannot be claimed to be a third party and consequently, in view of the nature of liability undertaken by the appellant, the judgment and award deserves to be set-aside.

I have considered the rival submissions made in this regard.

It is not in dispute that the claimant and deceased were engaged in unloading the goods from the truck during which the wooden planks supporting the marble slabs gave way, whereby while deceased Jagdish got crushed and claimant Prakash suffered injuries.

It is well settled that injuries sustained during the course of unloading the goods is an accident taking place on account of use of the vehicle. The use of transport vehicle obviously involves loading of goods, transporting the same and unloading the goods. All those engaged in loading and unloading are using the vehicle during such time and, therefore, any accident arising during loading and unloading will also be a accident arising on account of use of the vehicle. The very fact that the claimant and the deceased were engaged for the purpose of loading/unloading of the goods make them third party qua the appellant-Insurance Company and therefore, the Insurance Company cannot escape from the liability for the said persons. In view of the above discussion, there is no substance in these appeals and the same are, therefore, dismissed. The stay applications are also dismissed.