UNITED INDIA ASSURANCE Vs. TMT. J. CHITHRA

JUDGEMENT

(1.) The Award dated 13.07.2016 passed in E.C.No.62 of 2015 is under challenge in the present Civil Miscellaneous Appeal.

(2.) The United India Insurance company Limited is the appellant and the Substantial question of law raised by the appellant reads as under:

(3.) The learned counsel for the appellant mainly contended that liability has been erroneously fixed on the Insurance company by the Deputy Commissioner of Labour. The deceased died due to Coronary heart disease as per Ex.P2/Postmortem report. However, the Claim Petition was filed, stating that the deceased sustained grievous multiple head injuries and died. Thus, the Deputy Commissioner of Labour ought to have considered the fact that the claimants approached the Court with unclean hands and further, the death occurred due to Coronary heart disease, a block in the blood vessel, which is a natural death and cannot be construed as an accident and therefore, the award of compensation is perverse. As far as the accident is concerned, it occurred when the deceased was out of employment. Even the 6th respondent/owner of the vehicle had failed to report the fact that the death of his alleged employee, due to an accident in the course of and out of his employment in terms of Section 10 B of the Employees Compensation Act.