COMPENSATION CLAIM.

Hawera & Normanby Star, Volume XLII, Issue XLII, 25 March 1922, Page 5

COMPENSATION CLAIM.

♦ ,_ • INTERESTING DEFENCE. ' [ (BY TELEGRAPH —PRESS ASSOCIATION V 1 WELLINGTON, March 25. "In driving a motor at an excessive speed whilst in pursuance of his employers 3 business does a man, in the eyes of the law, commit a breach of the regulations which places him outside the sphere of his employment? 33 This question, which the Arbitration Court has to decide in connection with a compensation claim for £750, was heard yesterday. The action was brought by the Public Trustee in the estate of Herbert Markham Wright, deceased, against the Colonial Mutual Life Assurance Company. It set forth in the statement of claim that the deceased died about October 4, 1921, as a result of an accident at the Hutt whilst in the employment of the defendant company. Deceased left a widow and two children. His average weekly earnings were.£6 14s. The defence was that the accident occurred at a time when the deceased was not in any way employed by the defendant company. The society further contended that the fataility, even if it occurred in the course of employment, was caused by the fact that Wright was intoxicated at the time, and was driving a motor cycle at a speed excessive of that provided by the by-laws of the local authority. It also maintained that at the time of death Wright's earnings were at a rate exceeding £400 per annum. After evidence had been hear? the Court reserved its decision.