NEW INDIA INSURANCE CO. LTD. Vs. M. PRAVEENA

JUDGEMENT

(1.) The present appeal has been preferred challenging the Order of the Workman Compensation Depety Commissioner - I dtd. 13/4/2016 in E.C.No.8 of 2015.

(2.) The sum and substance of the case is that the deceased was employed under one Harichandra Raju, who is the fourth respondent herein and the first respondent before the authority concerned. While cleaning the drainage on 4/7/2014, around 5.30 p.m., the deceased inhaled poisonous gas, admitted in Appolo Hospital and on account of the incident arising out of and in the course of his employment, he passed away on 10/7/2014. After postmortem at Stanley Hospital, body was returned and final rites were done. According to the legal representatives of the deceased, before the authority, the deceased was drawing a sum of Rs.6000.00 per month and was 40 years old on the date of his demise. It is further submitted that there was an insurance policy by the appellant herein, policy bearing No.710404/36/14/01/00000054 and it was in force from 5/6/2014 to 4/9/2014 and the dependants are entitled to the amount of compensation apart from the medical expenses incurred by the family of the deceased.

(3.) The first opposite party before the first respondent has stated that the deceased was employed under him and that there was an accident on 4/7/2014, while the deceased was cleaning drainage and poisonous gas was inhaled by the deceased which had caused the death of deceased and that he has taken a policy which is a valid one and that the first opposite party before the authority was paying a sum of Rs.8000.00 per month as wages to the deceased.