BRANCH MANAGER, NATIONAL INSURANCE CO. LTD. Vs. SELVARANI

JUDGEMENT

(1.) Heard Mr.J.Chandran, learned counsel for the appellant/Insurance Company, Mr.Ma.Pa.Thangavel, learned counsel for the respondents 1 and 2/claimants, and Mr.J.Ramakrishnan, learned counsel for the third respondent/owner of vehicle, through Video Conferencing due to COVID-19 pandemic.

(2.) The appellant/Insurance Company has filed this Civil Miscellaneous Appeal challenging the order passed by the learned Commissioner for Employees Compensation, Salem, in W.C.No.25 of 2016, dated 30.05.2017, awarding a sum of Rs.2,57,809/- with interest at 12% per annum in favour of claimants, on the ground that the deceased/Late Lucas/father of claimants does not cover under the policy.

(3.) Learned counsel for the appellant/Insurance Company submitted that the claimants/respondents 1 and 2 herein were under the habit of filing multiple claim petitions with huge delay and finally, this claim petition was filed with a delay, because, originally they filed in MCOP.No.45 of 2002 before the MACT, Attur, for the death of deceased Lucaus, and after dragging the matter for more than 8 years, finally the said case was dismissed as not pressed. Thereafter, once again, after a delay of three years, the respondents 1 and 2 have filed another claim petition on 03.10.2013 before the learned Labour Commissioner, Salem, and the same has been numbered as in W.C.No.750 of 2014. Pending the same, the claimants have filed the present claim petition in W.C.No.25 of 2016.