NATIONAL INSURANCE COMPANY LIMITED Vs. R. VIJAYA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed under Section 30 of the Workman's Compensation Act, challenging the order passed in W.C.No.89 of 2017, dated 16.12.2013, on the file of the Commissioner for Workmen's Compensation, Dindigul.

(2.) The Appellant / Insurance Company, which was made liable to pay a compensation of Rs.2,84,079/- to the claimants, who are the legal heirs of the deceased Rengaraj, who died in an accident allegedly occurred on 13.03.2006, challenged the liability mulcted on it.

(3.) The case of the claimants is that the deceased Rengaraj was working as a Driver under the 3rd respondent / 1st respondent, that the said Rengaraj had taken gas in a Tanker lorry bearing Registration No. KA 19 D 6877 to Sivakaumu, that after unloading the same, while he was returning on 13.03.2006 at about 8.45 am, he parked his Tanker lorry in Balagramam, that while he was sitting in the Driver's seat, he had developed chest pain, that he was immediately taken to the Misgitrav hospital, but he died after admission, that the said Rengaraj died due to the accident occurred in the course of and out of the employment under the 3rd respondent / 1st respondent and that since the 3rd respondent / 1st respondent's Tanker lorry was insured with the Appellant / Insurer, both the Appellant /2nd Respondent, and 3rd Respondent/ 1st Respondent are jointly and severally liable to pay compensation to the claimants.