Gujarat HC Upholds Rs 6.52 Lakh Compensation for Bus Roof Fall Death

The Gujarat High Court has upheld a compensation award of Rs 6.52 lakh plus accrued interest and a penalty to the family of a GSRTC driver who died after falling from a bus roof while sleeping. The driver, Maganbhai, had been directed to stay overnight at the Ghodasar bus station before covering the Nadiad route the next morning. No rest room was available, so he slept on the roof. During the night he changed position, fell, and suffered fatal injuries.

His family filed a claim under the Workmen's Compensation Act. The employer argued the death was not work-related because the driver was off-duty. The initial commissioner awarded the Rs 6.52 lakh plus interest and a penalty for delayed payment. The employer appealed. The High Court rejected the appeal and affirmed the award.

Why the Court Found Employer Liability

The bench ruled that the death arose out of and in the course of employment. The driver was required to stay overnight due to operational needs. The lack of a rest room forced him to use the bus roof. The court held that an employee who remains on-site at the employer’s direction is still acting within the scope of employment, even during rest periods.

Key factors in the ruling:

• The overnight stay was mandatory, not a personal choice.
• No rest facility existed at the station.
• The fall occurred while changing position, not from misconduct.
• A clear causal connection existed between the working conditions and the accident.