Insurer cannot avoid liability for a municipal worker’s employment-related death absent proof of policy exclusion.

Krishnamurthy was engaged in garbage collection in connection with work undertaken by Thanjavur Municipality, using a vehicle insured with the appellant.

On 8 October 2006, while performing that work, he fell from the vehicle after it moved and later died from his injuries.

His dependants sought compensation under the Workmen’s Compensation Act, 1923.

The Deputy Commissioner found that the death arose in the course of employment and awarded Rs.3,08,680, with interest at 12% per annum from the date of the accident.

The insurer appealed under Section 30, contending that the deceased was employed by the Municipality, not the insured.

1. Whether the insurer could be held liable where the deceased was employed by the Municipality rather than by the insured

2. Whether the Commissioner’s assessment of compensation warranted appellate interference

The appeal was brought under Section 30 of the Workmen’s Compensation Act, 1923.

The Court applied the principle that a compensable employment injury must occur in the course of and arise out of the employment, requiring a connection between the employment, the work being performed, and the accident.

It also considered whether the insurer had established a policy exclusion or violation that would relieve it of liability.

The Court found that Krishnamurthy was performing his assigned garbage-collection duties in connection with the insured vehicle when he fell and sustained the fatal injury; this established the required nexus between the employment, the vehicle, and the accident.

The insurer produced no evidence of a policy exclusion, policy violation, or other ground absolving it from liability, and its reliance on the Municipality’s employment of the deceased was therefore rejected.

On quantum, the Commissioner had used the deceased’s age of about 50 years, a monthly income of Rs.4,000, and the applicable factor of 153.09; the Court found no error in that assessment.

It confirmed the award of Rs.3,08,680 with interest at 12% per annum from the date of the accident, and permitted the claimants to withdraw the award amount and accrued interest in the proportions fixed by the Commissioner, subject to the prescribed procedure.