NEW INDIA ASSURANCE COMPANY LIMITED Vs. S JAYANTHI

JUDGEMENT

(1.) The above appeal has been filed by the Appellant / The New India Assurance Company Limited, against the order dated 07.12.2009, made in W.C. Case No. 97 of 2007, on the file of Court of Commissioner for Workmen's Compensation-2 (Deputy Commissioner of Labour-2), Chennai - 6.

(2.) The short facts of the case are as follows:

(3.) The second opposite party in his counter has resisted the claim denying the averments in the claim regarding the age, income and occupation of the (deceased) Sekar. The averments in the claim that the (deceased) Sekar had died while doing his duty during the course of his employment under the first opposite party was also denied. It was stated that on the date of accident, the (deceased) Sekar had been intoxicated as he had consumed alcohol and subsequent to this, an unknown vehicle had dashed against him and caused the accident. As such it was contended that the accident did not happen during the period when the (deceased) Sekar was doing his duty during the course of his employment under the first opposite party, but had occurred while he was returning to his home. It was also submitted that the applicant should prove that they are the legal heirs of the deceased through proper documentary evidence.