UNITED INDIA INSURANCE COMPANY LIMITED Vs. ESAKKIMUTHU

JUDGEMENT

(1.) The appellant has filed the present Civil Miscellaneous Appeal under Section 30 of the Workmen's Compensation Act, 1923 against the order made in W.C.No.990 of 2015, dated 30.01.2017 passed by the Commissioner for Workmen's Compensation, Deputy Commissioner of Labour, Namakkal.

(2.) The case of the respondents / claimants is that one Periyasamy, who was working as a Driller under the 4th respondent's bore well lorry bearing Reg.No.KA-01-MK-3879, insured with the appellant's Insurance Company. While, the deceased Periyasamy was working under the 4th respondent at B.Kodur village and Mandal Y.S.R.District, Andhrapradesh, on 04.06.2015, while trying to inspect a new driller point he had travelled in his bike bearing Registration No.TN-34-P-2921, at that point of time, another bike bearing Reg.No.AP-04-AZ-1932 driven by its rider in a rash and negligent manner had hit against the said Periyasamy and sustained grievous injuries and was taken to KIMS Hospital, Kodur. The Doctor declared on arrival that he died on the way and postmortem was conducted in the same hospital. The police authorities have registered a case under Section 304(A) IPC, in Crime No.67 of 2015, on 05.06.2015. Further it is seen that, the said Periyasamy was only 28 years old at the time of accident and was an employee under the 4 th respondent, earning a sum of Rs,12,000/- per month including batta for the past 2 years prior to the accident. Also, by stating that the said deceased Periyasamy is the sole breadwinner of the family, the claimants, who are the father, sister and younger brother has filed a claim petition claiming a sum of Rs.10,00,000/- as compensation.

(3.) Denying the averments of the respondents / claimants, the appellant had filed a counter affidavit stating that the deceased Periyasamy had worked as a driller under the 4 th respondent's vehicle-Bore well lorry bearing Reg.No.KA-01/MK-3879 and the vehicle was insured with the appellant's insurance company in Policy No.1709003114P/101950791, while verifying the policy, it is clear that the same did not cover the driller and no premium has paid to the driller and the 4 th respondent paid only for an additional driver. Hence, the appellant has stated that they are not liable to pay any compensation to the driller. He further contended no proof filed to show that the deceased periyasamy was engaged as a driller on 04.06.2015 and in the course of employment, as a driller in the said lorry, while the deceased was riding his bike bearing Reg.No.TN-34/P-2921 to inspect the way of new drill point at B.Kodur village and mandal, Y.S.R.District, Andhrapradesh, at that time a rider of another bike bearing Registration No.AP04/AZ1932, coming from opposite direction in a rash and negligent manner hit against the deceased periyasamy's vehicle. Both the vehicles collided, as a result, Periyasamy died. As no proof has been shown that he was engaged in the drill work for drilling bore well in Andhrapradesh on the date of accident the claim to be rejected.