Madhya Pradesh High Court
The Oriental Insurance Co.Ltd. vs Girdhari And 05 Ors. on 11 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-IND:4433
1 MA-519-2010
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 11th OF FEBRUARY, 2026
MISC. APPEAL No. 519 of 2010
THE ORIENTAL INSURANCE CO.LTD.
Versus
GIRDHARI AND 05 ORS. AND OTHERS
Appearance:
Shri Sudhir V.Dandwate - Advocate for the appellant.
Shri Manish Jain - Advocate for the respondents/claimants.
ORDER
This appeal under Section 30 of the Workmen Compensation Act, 1923 is filed by the Insurance Company against the impugned award dated 08.12.2009 passed in case no.18/2003 WCF whereby an amount of Rs.2,60,292 with penalty and interest @12% has been awarded to the respondents/claimants.
2. The case of the claimants/respondents are that the deceased Goverdhan was employed with respondents no.4 and 5 as labourer. On the date of accident i.e.11.04.2003 the deceased has gone on the tractor bearing no.MP-43-M-1805 and trolley MP 14-H-1814 of the aforesaid respondents for loading sand and when the sand was excavated from the mines it collapsed and deceased Goverdhan suffered injuries and passed away. His survivors filed the claim petition under Workmen Compensation Act for appropriate amount of compensation.
Signature Not Verified Signed by: REENA JOSEPH Signing time: 11-02-2026 19:04:36NEUTRAL CITATION NO. 2026:MPHC-IND:4433 2 MA-519-2010
3. Learned counsel for the Insurance Company submits that there must be some nexus between the death and the incident wherein the deceased has suffered injuries and passed away. In the present case, the tractor trolley was insured with the Insurance Company under Section 147 of the Motor Vehicles Act, 1988. The incident occurred while working in the sand mines. There was no nexus between the death and the incident, therefore the Insurance Company could not have saddled with the liability of payment of compensation. For this he has placed reliance on para 10 onwards of the judgment of the Apex Court in the case of Mamtaj Bi Bapusab Nadaf and others Vs. United India Insurance Com. and others reported in 2010 ACJ 2661. On these submissions learned counsel prays for allowing the appeal and setting aside the impugned award as far as the liability of payment of compensation amount has been fastened on the Insurance Company.
4. Learned counsel for the respondents has vehemently opposed the prayer and submits that on the date of incident, the deceased was employed and there was relationship between respondents no.4 and 5 and deceased as employer and employee and he suffered injuries while working during the course of employment, hence, Insurance Company cannot dispute the liability to pay compensation amount. He further submits that in other case no.06/2004 WCNF (Tolaram Vs. Rajaram and others) the injured labour Tolaram has suffered injuries in the same incident while working with the deceased engaged in excavating the sand and the award was passed on 08.12.2009 and the same has been satisfied by the Insurance Company and now for the deceased Insurance Company cannot raise this plea that incident Signature Not Verified Signed by: REENA JOSEPH Signing time: 11-02-2026 19:04:36 NEUTRAL CITATION NO. 2026:MPHC-IND:4433 3 MA-519-2010 did not take place during the course of employment and also Insurance Company is not liable for invoking Section 147 of the Motor Vehicles Act. To buttress his submissions, he has placed reliance on the judgment of this Court in the case of Oriental Insurance Company Limited Vs. Heerabai and others 2009 ACJ 147 and judgment of the Apex Court in the case of State of Rajasthan Vs. Ram Prasad and another 2001 ACJ 647 and Chairman Vaidyanath Sahakari Sakhar Karkhana Limited and another Vs. Shantabai and another 2025 ACJ 2144 . On these submissions prays for dismissing the appeal and directing the Insurance Company to satisfy the award which has been passed in favour of the claimants/respondents.
5. Heard and considered the submissions of the learned counsel for the parties and perused the record.
6. From perusal of the record it is apparent that injured Tolaram who was also working as labourer suffered injuries in the same incident which occurred on 11.04.2003 while excavating the sand from the mines wherein the deceased suffered injuries and passed away. The award passed on 08.12.2009 in case no.06/2004 WCNF in favour of Tolaram has been satisfied and this fact has not been controverted by the Insurance Company, therefore this Court is of the view that Insurance Company cannot take a different stand with respect to the same incident, wherein deceased has passed away.
7. In view of the above, in the considered view of this Court the Insurance Company cannot be exonerated from payment of award amount in the instance case with respect to the deceased Goverdhan. Hence, the appeal Signature Not Verified Signed by: REENA JOSEPH Signing time: 11-02-2026 19:04:36 NEUTRAL CITATION NO. 2026:MPHC-IND:4433 4 MA-519-2010 is devoid of substance fails and is hereby dismissed. The Insurance Company will be liable to pay compensation as per the impugned award.
(BINOD KUMAR DWIVEDI) JUDGE RJ Signature Not Verified Signed by: REENA JOSEPH Signing time: 11-02-2026 19:04:36