UNITED INDIA INSURANCE CO LTD Vs. POONGODI

JUDGEMENT

(1.) THE insurance company has come forward with this appeal questioning the quantum of compensation awarded by the court below at Rs.3,95,000/- in favour of the claimants/respondents 1 to 5 herein for the death of the deceased Manokaran as against the claim of Rs.10,00,000/- made in the claim petition.

(2.) THE facts which led to the filing of the claim petition was that on 17.01.2004 at about 10.30 hours, at Sandamangalam Main Road, in a well opposite to Sellappa Colony diversion road, the deceased was driving a Tourist Taxi vehicle bearing Registration No. TN-28-K-3334, which was owned by the first respondent/sixth respondent in this appeal. According to the claimants, even though the deceased drove the vehicle carefully, in order to avoid dashing against a cyclist, the deceased turned the vehicle to the further left side of the road and lost control, with the result, he plunged into the well along with the vehicle and he died on the spot. At the time of the accident, the deceased was aged 42 years, working as a Driver under the sixth respondent herein and earning Rs.5,000/- per month as salary apart from Rs.100/- per day as batta. THErefore, for the death of the deceased, the claimants have claimed compensation of Rs.10,00,000/-.

(3.) HEARD both sides. The short point for consideration in this appeal is whether the insurance company is liable for payment of compensation for the death of the deceased, during the course of his employment as a Driver, a paid employee under the sixth respondent herein, before the Tribunal.