ORIENTALINSURANCE CO LTD Vs. GEETHA

JUDGEMENT

(1.) ONE Naganaika, driver of a lorry working under the 5th respondent, was engaged for loading sugarcane from Bannariamman Sugar Factory. After unloading the sugarcane at the factory, he was coming back to Chamarajanagar, on 31-10-2005. It was about 4. 00 p. m. He got down to attend first call of nature. When the deceased was urinating near agricultural land, which was fenced with live-electric wire, came into contact resulting in the death of naganaika due to electrocution.

(2.) THE W. C. Commissioner had found that the death is in the course of and out of employment. The wife, parents and children of the deceased have been awarded compensation. The insurer of the lorry was directed to pay compensation.

(3.) THE Insurer is in appeal. The following are the substantial question of law :