Mamtaj Bi Bapusab
Nadaf & Ors. Vs. United India Insurance Co. & Ors.  INSC 709 (7
IN THE SUPREME COURT
OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 7428 OF 2010 (Arising
out of SLP(C) No.8638/2006) MAMTAJ BI BAPUSAB NADAF & ORS. Appellant(s)
VERSUS UNITED INDIA INSURANCE CO. & ORS. Respondent(s)
Dalveer Bhandari, J.
appeal emanates from the judgment and final order dated 25.10.2005 passed by
the High Court of Karnataka at Bangalore in M.F.A. No.5843/2003 (WC) and M.F.A.
facts which are relevant to dispose of this appeal are recapitulated as under:
claimants-respondents in M.F.A. No.5843 of 2003 are the legal representatives
of one Bapusab Nadaf and the claimants-respondents in M.F.A. No.5844 of 2003
are the legal representatives of Basappa Gurappa Hipparagi, who were workmen
engaged in uploading Maize (foodgrain) from a tractor- trailer. When Maize was
being unloaded from the tractor to an underground storage bin ('Hagevu'), both
the labourers climbed the grocery pit in order to clean the same for storing
Maize and while cleaning they fell into the grocery pit. They shouted from
inside that they were suffocating, a rope was released to them but they did not
catch it and they died due to asphyxia. These facts are not disputed.
learned counsel for the appellants submitted that the Insurance Company has
clear responsibility for this accident and the Insurance Company is liable and
under an obligation to pay compensation to the appellants. This contention is
rebutted by the learned counsel for the Insurance Company. According to him,
the vehicle in question was not involved in the accident. He further submitted
that there has been no proximity or direct connection with the death of the
workmen with the vehicle in any manner. At the time of the accident the vehicle
in question was not in operation.
claim petitions filed by the appellants before the Commissioner for Workmen's
Compensation, Bizapur, were allowed and the Commissioner vide its judgment
dated 24th July, 2003, found the Insurance Company liable to pay compensation
to the appellants.
by the said judgment, the Insurance Company preferred in M.F.A. No.5843/2003
and M.F.A. No.5844/2003 before the High Court of Karnataka at Bangalore. The
High Court allowed the appeals and modified the order passed by the
Commissioner and the liability of the Insurance Company was set aside. However,
the appellants were at liberty to recover the amount of compensation from the
to the reasoning of the High Court, the vehicle was not involved in the
accident and the death of the workmen by no stretch of imagination can be said
to have any proximate or direct connection with the vehicle. The High Court
also observed that the mere fact that Maize was brought to the spot where the
workmen had died in the insured vehicle, would not render the Insurance Company
liable in respect of the death, the cause of which was not proximate to the
actual user of the vehicle.
the present case, the use of the vehicle was not even claimed as being a ground
on which the liability is said to be fastened on the Insurance Company.
counsel appearing on behalf of the appellants placed reliance on the decision
of this Court in Shivaji Dayanu Patil and Anr. vs. Vatschala Uttam More, (1991)
3 SCC 530. Brief facts of that case are that a collision between a petrol
tanker and a truck took place on a National Highway at about 3.00 a.m. as a
result of which the tanker went off the road and fell on its left side at a
distance of about 20 feet from the Highway. Due to overturning of the tanker,
the petrol contained in it leaked out and collected nearby. At about 7.15 a.m.
an explosion took place in the tanker causing burn injuries to those assembled
near it including the respondent's son who later succumbed to the injuries. The
facts of this case are entirely different and are not applicable to the present
case. In this case, the petrol tanker was directly involved in the accident and
that all the workmen were directly connected with the accident. This case does
not help the appellants in any manner.
counsel for the appellants has also placed reliance on a Division Bench
judgment of the Karnataka High Court delivered on 24th February, 2006 in M.F.A.
No.1870/2005 (WC). In that case, the workman who was working as a loader went
in the lorry and loaded the lorry with stones and thereafter he was required to
unload the same close to the Crusher near the quarry along with other loaders.
At about 2.30 p.m. in the afternoon, the deceased workman got down from the
lorry in order to unload the stones along with other loaders and when they
opened the lock at the hind portion of the lorry, the entire load of stones in
the lorry fell on him, as a result of which he sustained injuries and succumbed
to the injuries on the spot. In this case, the vehicle was directly involved in
the unfortunate accident.
the above-mentioned cases relied on by the learned counsel for the appellants
are of no avail to him. These cases do not help the appellants in any manner.
counsel for the Insurance Company has placed reliance on the Explanation to
Section 147(1) of the Motor Vehicles Act, 1988, which reads as under:
of policies and limits of liability.- (1) In order to comply with the
requirements of this Chapter, a policy of insurance must be a policy which- (a)
is issued by a person who is an authorised insurer; and (b) insures the person
or classes of persons specified in the policy to the extent specified in
sub-section (2)- (i) against any liability which may be incurred by him in
respect of the death of or bodily injury to any person, including owner of the
goods or his authorised representative carried in the vehicle or damage to any
property of a third party caused by or arising out of the use of the vehicle in
a public place;
(ii) against the
death of or bodily injury to any passenger of a public service vehicle caused
by or arising out of the use of the vehicle in a public place;
Provided that a
policy shall not be required- (i) to cover liability in respect of the death,
arising out of and in the course of his employment, of the employee of a person
insured by the policy or in respect of bodily injury sustained by such an
employee arising out of and in the course of his employment other than a
liability arising under the Workmen's Compensation Act, 1923 (8 of 1923) in
respect of the death of, or bodily injury to, any such employee- (a) engaged in
driving the vehicle, or (b) if it is a public service vehicle engaged as
conductor of the vehicle or in examining tickets on the vehicle, or (c) if it
is a goods carriage, being carried in the vehicle, or (ii) to cover any
Explanation: For the
removal of doubts, it is hereby declared that the death of or bodily injury to
any person or damage to any property of a third party shall be deemed to have
been caused by or to have arisen out of, the use of a vehicle in a public place
notwithstanding that the person who is dead or injured or the property which is
damaged was not in a public place at the time of the accident, if the act or
omission which led to the accident occurred in a public place."
to the learned counsel for the respondents, on a plain reading of the above
quoted Explanation, the Insurance Company cannot be held liable for the death
of the workmen and therefore, the Insurance Company cannot be held liable to
pay compensation to the appellants.
our considered opinion, on the facts of this case, the view taken by the
learned Single Judge of the Karnataka High Court seems to be justified and
correct. Therefore, no interference is called for. This appeal being devoid of
any merit is accordingly dismissed. However, in the facts and circumstances of
this case, the parties to bear their own costs.
(Dr. MUKUNDAKAM SHARMA)