Insurer has to compensate kin of driver who died while sleeping inside lorry: K'taka HC
Bengaluru, Sep 21: Disposing an appeal filed in 2010, the High Court of Karnataka has ruled that the driver of a lorry who died while sleeping inside the vehicle due to a heart attack, was still entitled to the compensation payable by insurer of the vehicle.
Eranna, a lorry driver, had died at Idya village near Suratkal where he had halted the vehicle and was sleeping. He died of cardiac arrest which the subsequent post-mortem report proved.
The insurance company claimed that he had "died due to cardiac failure and not due to accidental death and he was taking intoxicated drugs, which is not covered under the policy", and hence it was not liable to pay the compensation.
Dismissing this contention, the HC said: "Usage of the vehicle does not mean that at the time of his death he need not necessarily drive the vehicle, but in casual connection of his employment he was sleeping in the lorry."
"While taking rest he suffered heart attack and hence, very contention of insurance company cannot be accepted that it is not liable to pay the compensation," the court said.
The National Insurance Company had approached the High Court against the order of the Commissioner for Workmen Compensation, Bagalkote. In his order on August 20, 2009, the Commissioner had awarded a compensation of Rs 3,03,620 to the wife and three minor children of the deceased, payable by the insurance company.
The judgement delivered by Justice H P Sandesh recently pointed out that Eranna "was sleeping in the vehicle itself and the fact that he was working the very same day is not in dispute and the owner has also admitted that he died during the course of employment."
Citing an earlier judgement of the HC, the court said that "driving job is undoubtedly a tension filled job, particularly, to cope up with present day traffic and other things. There cannot be any presumption that even when a person dies while actually working in the job that his death may not be due to employment, but may be due to something else. Such presumption is nothing short of a perversity."
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Rupee rises 10 paise to 92.41/USD; faces risks from rising global tensions
Mumbai (PTI): The rupee appreciated 10 paise to 92.41 against the US dollar in early trade on Friday, even as the USD/INR pair faces risks from rising global tensions, especially the US-Iran conflict.
Forex traders said the rupee is likely to see high volatility intra-day as the deadline for RBI's instructions to banks to curb their overnight positions to USD 100 million closes today.
At the interbank foreign exchange market, the rupee opened at 92.58 against the US dollar, then gained ground to touch 92.41 against the US dollar in initial trade, registering a gain of 10 paise over its previous close.
On Thursday, the rupee settled with a marginal gain of 3 paise at 92.51 against the US dollar.
"An estimated 80–85 per cent of these positions have already been unwound, which means the bulk of this supportive flow is now behind us. In simple terms, the cushion that held the rupee steady is beginning to thin, and this is where the story starts to shift," CR Forex Advisors MD Amit Pabari said.
Pabari further noted that looking ahead, the picture for the rupee appears to be changing. "With most of the NOP-related support now fading and global uncertainties still elevated, the scope for further strength seems limited. USDINR is likely to find a base in the 92.20–92.50 zone, with a gradual move higher towards 93.50–94.00 levels," he said.
Meanwhile, the dollar index, which gauges the greenback's strength against a basket of six currencies, was higher by 0.07 per cent at 98.69 as the safe-haven demand has come down after the ceasefire, but as the ceasefire is fragile, the US dollar is getting bids at lower levels.
Brent crude, the global oil benchmark, was trading higher by 0.51 per cent at USD 96.44 per barrel in futures trade, as the ongoing uncertainty over the Strait of Hormuz opening is keeping the oil trade well bid.
Pabari further noted that just as domestic support begins to fade, the global backdrop is turning uneasy again. "The World Bank has flagged that India's growth for FY27, expected at 6.6 per cent, faces risks from rising global tensions, especially the Iran conflict," he said.
According to Pabari, India continues to have strong buffers in the form of forex reserves and a stable banking system, but pressure points are slowly beginning to build.
On the domestic equity market front, the stock markets witnessed a rebound in early trade. The 30-share Sensex jumped 630.08 points to 77,261.73, while the Nifty climbed 203.6 points to 23,978.70.
Foreign Institutional Investors offloaded equities worth Rs 1,711.19 crore on Thursday, according to exchange data.
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