Imlar and Others v. Nagoor Pitchai Transporters Limited. – sllr 1986 volume 2 page 167

BRIEF

In the case between the widow and minor children of the deceased labourer, Abdeen (Plaintiffs), and Nagoor Pitchai Transporters Limited (Defendant), the court addressed the employer’s non-delegable duty of care towards an employee engaged in work on a third-party’s premises. It was determined that the employer’s duty extended to ensuring a safe system of work even when tasks were performed under the supervision of another party. Evidence established an employment relationship between the deceased and the defendant, with the work forming part of the deceased’s contractual duties. The findings established that a breach of duty arose from the unsafe conditions encountered during the removal of poonac bags. Judgment favored the Plaintiffs; the appeal was allowed and damages were awarded