In this incident, the Insured engaged the Claimant, D. Chockchaiyotha Co, to carry out work to an embankment at the waste-water treatment pond. The Claimant then assigned, Mr. Boonma Wongsabuth, the deceased, to undertake this work. The Insured advised that they had no involvement with this work.
In addition, in respect of the death of the deceased, the Claimant's employee should have realised that the working area had been softened by rainwater. However, he still decided to perform the work as usual at the time of the incident.
Given the above, we are of the view that the deceased was the author of his own misfortune and the Insured are neither legally liable for his death nor for the damaged excavator.Our in-house lawyer has supported this position.