NATIONAL INSURANCE COMPANY LIMITED Vs. ARJUNAN

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed by the M/s.National Insurance Company Limited against the order dated 21.6.2004 made in WC.No.19/2003 by the Deputy Labour Commissioner for Workmen Compensation, Salem.

(2.) THE brief facts giving rise to this appeal are stated as below:- THE Respondents 1 to 3 herein are the claimants and they had filed the claim petition for compensation in respect of the death of Thangaraj, who is the son of the 1st Respondent and the brother of the Respondents 2 and 3. It is the case of the Respondents 1 to 3 that Thangaraj was engaged by the 4th Respondent Mathian as a loadman for carrying tiles in the Tractor-Trailer bearing Reg.No.TN-27-H-6855 belonging to the 5th Respondent Selvaraj. When the deceased Thangaraj was seated on the tiles loaded in the Trailer along with Mathiyan and the vehicle was proceeding near Raja Thottam, the Tractor-Trailer was being driven by its driver rashly and negligently, as a result of which, it fell down in a pit, due to which, the deceased Thangaraj was thrown on the ground and the Tractor had run over him and died, while being taken to the hospital.

(3.) THE Deputy Labour Commissioner for Workmen compensation came to the conclusion that the deceased travelled in the vehicle belonging to the owner Selvaraj as a loadman and died in the course of his employment. No specific issue regarding breach of policy or the driver holding no valid licence was framed and no findings were given thereto. THE Insurance Company was directed to deposit Rs.3,12,516/- as compensation to the claimants within a period of thirty days, in default to pay interest at the rate of 9 per cent per annum.