Telangana High Court
National Insurance Company ... vs Smt. A. Laxmamma 4 Ors. on 12 November, 2021
Bench: P.Madhavi Devi
THE HONOURABLE SMT. JUSTICE P. MADHAVI DEVI
CIVIL MISCELLANEOUS APPEAL NO.1047 OF 2006
JUDGMENT:
This Civil Miscellaneous Appeal has been filed by Opposite
Party No.2-Insurance Company challenging the Award of the
Commissioner for Workmen's Compensation and Assistant
Commissioner of Labour-I, Hyderabad, in W.C. No.62 of 2006, dated
05.10.2006.
2. The brief facts leading to filing of this Appeal are that one Sri
A. Narayana, a workman was employed by the opposite party No.1, as
a driver to drive his lorry bearing No.AP16TU-8108. On 01.02.2006
at about 9.00 p.m. after loading of the lorry, the same was kept in
front of the transport office and the driver slept in the said lorry. At
about 10.00 p.m. when the cleaner of vehicle tried to wake him up, he
was found dead.
3. The wife and children of the deceased driver filed WC No.62 of
2006 before the Workmen's Compensation Court seeking
compensation from the owner of the vehicle as well as the insurance
company for the death of the driver in the course of his employment.
The learned Commissioner awarded the compensation of
Rs.3,79,809/- including the stamp fee and advocate fee. Aggrieved by
the said award, the insurance company filed the present appeal.
4. Heard Sri Nisaruddin Ahmed Jeddy, learned counsel for the
appellant/insurance company and Sri Kotagiri Sreedhar, learned
counsel for the respondents 1 to 4/claimants. Perused the material
placed on record.
5. The learned counsel for the appellant/insurance company
submits that the driver of the vehicle was found dead in the lorry after
having consumed alcohol and the post mortem report mentions that
the driver has died due to coronary heart decease. He further submits
that the death of the driver was due to over consumption of alcohol
i.e., a self inflicted injury and therefore, it should not be treated as a
death of out of employment and hence, the compensation awarded is
to be set aside.
6. After going through the material on record, this Court finds that
the deceased was 38 years of age at the time of his death and has been
driving the vehicle of opposite party No.1 for about three months prior
to the date of death. It is not disputed that he has consumed alcohol on
the night of his death. However, the medical certificate mentions the
reason for his death as coronary disease i.e., heart disease and
therefore, it cannot be presumed that the death was caused only due to
over consumption of alcohol on the date of his death. As the
employee and employer relationship and also that the deceased has
been employed by opposite party No.1 on the date of death are not
disputed, the compensation cannot be denied only on the ground that
the deceased has consumed alcohol on the night of his death.
Therefore, this Court finds no reason to interfere with the impugned
Award passed by the leaned Commissioner.
7. The Civil Miscellaneous Appeal is accordingly dismissed.
No order as to costs.
8. Pending miscellaneous petitions, if any, in this CMA shall also
stand dismissed.
___________________________
JUSTICE P. MADHAVI DEVI
Date: 12.11.2021
Isn
