Mumbai: almost two decades after a 54-year-old truck driver died at work due to heart disease, his family was given assistance with the Bombay High Court directing insurance companies to pay Rs 3 Lakh, along with flowers.
The court made a record of “stress and tension associated with driving remotely for almost 18 days”.
While the employer said death was not because of work pressure, the court observed that the truck left Mumbai for Ranchi 17-18 days before death.
The driver returned to Mumbai when the incident occurred.
“The distance closes around 1,800 km.
There is no second driver or backup.
This situation deserves adequate consideration,” HC said, noting “a very large situation faced by the driver because of a long and difficult trip for almost 18 days, without interruption.
” Post Mortem report has been referred to as a natural death.
Because of coronary arterial heart disease.
The Court of High Court said, “Driving remotely for around 3,600 km can be expected to produce stress and determination, even unconsciously.” HC allows the appeal proposed by the Widow Harfinder Kaur and other family members.
The court directs employers and insurance companies, New Indian Assurance Company Ltd.
To jointly raise compensation of nearly Rs 3 Lakh with a 12 percent interest per year since December 2003.
HC also directed employers to pay Rs 25,000 as a penalty..
Appeal against judgment in April 2007 which commissioners are passed by compensation and worker judges , 8th labor court in Mumbai, rejected the application for compensation for the death of 2003 people arising from his work, while driving a truck owned by employers and driving trucks owned by employers and insured by insurance companies.
HC judgment said that the commissioner benefited himself in taking hyper- Technical about this problem and lose the view of the profitable object of the employee compensation law.
This application says the driver dies because of “stress and tension of employment ‘because he has driven a continuous truck for almost 18 days.
Thus, the application claims the compensation of Rs 4 Lakh with flowers and penalties.
The owner admits he pays Rs 4,000 as a monthly wage and The claim form was submitted to the insurance company.
The insurer against the claim, saying death “natural” and not because of vehicle use or accidents from work, it is possible in their insurance contract and part 147 of the action of motorized vehicles, who talked about the three parties, not Made.