LAWS(KER)-2024-3-104

NEW INDIA ASSURANCE COMPANY LTD Vs. BHANUMATHY N.

Decided On March 27, 2024
NEW INDIA ASSURANCE COMPANY LTD Appellant
V/S
Bhanumathy N. Respondents

JUDGEMENT

(1.) This is an appeal filed by M/s, New India Assurance Company Ltd. Namely, the 2nd respondent in ECC.No.503 of 2014 on the file of the Industrial Tribunal and Compensation Commissioner, Kozhikode against the order dtd. 12/8/2016.

(2.) The applicants, who are the dependents of one Harindranath, who died while working as driver of a bus belonging to the 1st respondent, namely the KSRTC. The deceased Harindranath was the driver of KSRTC Bus bearing Registration No.KL 15- 9602. On 12/10/2012, he had driven the said bus from Kozhikode to Banglore and reached Banglore in the morning of 13/10/2012. As per the schedule, he had to return from Banglore to Kozhikode during the night of 13/10/2012. At about 8 p.m., while he along with the conductor of the bus were cleaning the same for preparing to return from Banglore to Kozhikode, he sustained serious chest pain. Immediately he was taken to a nearby hospital and on the way, he died due to cardiac arrest.

(3.) The applicants, who are the wife, children and mother of the deceased filed an application before the Commissioner, claiming a compensation of Rs.10.00 Lakhs on the ground that the monthly income of the deceased was Rs.15,000.00. The 1st respondent KSRTC admitted that the deceased was working as driver in the KSRTC Bus at the relevant time and further contended that the vehicle was insured with the appellant namely, M/s. New India Assurance Company Ltd.