spare driver and cleaner

2022(6) Kar. L.J. 68
IN THE HIGH COURT OF KARNATAKA AT DHARWAD BENCH

THE BRANCH MANAGER, ORIENTAL INSURANCE COMPANY LIMITED, HAVERI
VERSES
Smt. TAHASEENTAJ AND OTHERS

WORKMEN'S COMPENSATION ACT, 1923, Section 30(1), 30(1)(a) and 30(1)(aa) - Motor Vehicles Act, 1988, Section 147 - Karnataka Motor Vehicles Rules, 1989, Rule 100- Code of Civil Procedure, 1908, Order XLI, Rule 33- Accident claim - Death of two persons on the spot Employer-employee relationship - Spare driver - Fastening of liability-Having considered both oral and documentary evidence on record, and also finding of the Commissioner that relationship of employer and employee has been established That both the deceased were travelling in the vehicle as spare driver and cleaner, there is no error in the impugned judgment and award fastening the liability on the Insurance Company No material is produced to show that both deceased were unauthorised passengers Further, it is settled law (United India Insurance Company v Smt. Shanthavva and Others, 2006 ACI 1222 (Kar.)) that insurer is liable to pay for the spare driver by virtue of provisions of Rule 100 of the Karnataka Motor Vehicles Rules and Section 147 of the MV Act, which insist statutory cover for employees employed in connection with motor vehicle Further, as for the claim for increase in compensation awarded, invoking of Order XLI, Rule 33 of the CPC is applicable only if the claim of claimants is not considered and not awarded just and reasonable compensation and if there is any error on record - No merit in both appeals - Dismissed. (paras 2, 3, 4, 9, 10, 20, 21, 22, 23 and 24)