NEW INDIA ASSURANCE CO LTD Vs. GOTHAVARI

JUDGEMENT

(1.) The insurance company has filed the appeal against the award dated 26.10.2004 made in W.C. No. 49 of 2002 on the file of the Commissioner for Workmen's Compensation, Deputy Commissioner of Labour-I, Chennai. The brief facts leading to the filing of the claim petition are that on 19.9.2001 at 7.30 a.m. the deceased was accompanying his co-worker to repair the punctured tyre in a shop at Bypass Road, Makkan, Vellore. At the time of inflating the tyre due to thrust of air the tyre burst and the disc of the wheel hit against the deceased, who received fatal injuries and later he died in the hospital. Therefore, for the death of the deceased, the claimants filed claim petition before the Deputy Commissioner of Labour-], Chennai.

(2.) Before the Deputy Commissioner of Labour on behalf of the claimants, PW 1 and PW 2 were examined and Exhs. P1 to P7 were marked. On behalf of the respondents, RW 1 was examined and Exhs. R1 to R3 were marked.

(3.) Deputy Commissioner of Labour, on appreciation of the oral and documentary evidence, awarded a sum of Rs. 3,79,120 as compensation. Aggrieved by the said award, the insurance company has filed the present appeal.