RATHINAM K Vs. APOLLO ENTERPRISES

JUDGEMENT

(1.) Appeal is filed as against the order of the Deputy Commissioner or Labour in W.C. No. 85 of 1987.

(2.) Claimants/appellants filed petition under Section 10(1) of the Workmen's Compensation Act claiming compensation for the death of one Kuppusamy, husband of the first claimant and father of claimants 2 to 4. The claimants contend that while the deceased Kuppusamy was employed in the first respondent's enterprises, during the course of employment, on January 4, 1986, the deceased was involved in an accident as a result of which he died on January 8, 1986 and so, respondents 1 and 2 are liable to pay compensation.

(3.) First respondent filed counter contending that the accident did not occur during the course of employment and it was due to the negligent act of the deceased himself, but, anyhow, on humanitarian grounds, the Insurance Company paid Rs. 25,000 as compensation to the family of the deceased and the first respondent is not liable to pay any compensation.