After a prolonged legal fight lasting 17 years, the Andhra Pradesh High Court has awarded compensation of ₹3,70,632 with 12% annual interest to the family of Shaik Masthan (also known as Mastan Vali), a lorry cleaner who tragically lost his life in 2008 while on duty.
The tragic incident took place on September 17, 2008, when the deceased was traveling in a lorry from Akkayapalem Water Plant to Ongole. As the vehicle reached near the Kotta Kaluva bridge in Vetapalem, a tractor, being driven rashly, almost collided with their lorry. In response, an altercation broke out between the lorry team—including the cleaner and driver—and the tractor driver. During the confrontation, a nearby RTC bus continuously honked, prompting the tractor driver to move his vehicle without noticing the cleaner and helper standing in front. As a result, both were crushed and suffered severe injuries. Shaik Masthan died three days later during treatment.
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Initially, the claim for compensation under the Workmen’s Compensation Act was rejected by the Commissioner, who argued that the incident was not connected to the deceased's employment. According to the Commissioner, the altercation with a third party on the road was unrelated to the cleaner’s professional duties.
However, the High Court saw it differently. Justice Nyapathy Vijay clarified:
“What is required to make the employer liable to pay compensation is that the accident should have a causal connection to the employment and fall within its scope. In this case, the deceased got down from the lorry—a natural act considering the situation—and confronted the tractor driver. It would be unrealistic to expect him to remain seated while the driver stepped out.”
The court further stated:
“Even if there was a slight exposure to danger, it does not absolve the tractor driver of responsibility. The death occurred due to third-party negligence, not because the worker acted recklessly.”
The court emphasized that the deceased was working under the employer's instruction and was not under any influence or in violation of safety protocols.
In determining the compensation, the court relied on an earlier Supreme Court judgment, accepting the employer’s admission of ₹3,500 as the monthly wage. Using statutory formulas, the compensation was calculated at ₹3,70,632. The High Court held both the employer and the insurance company jointly responsible.
Case Title: Smt. Shaik Asrifoon & 2 others v. Guddanti Vijaya Krishna & Another
