NATIONAL INSURANCE CO. LIMITED Vs. SUNDARAM

JUDGEMENT

(1.) This appeal has been preferred by the Insurance Company questioning the award passed by the Deputy Commissioner of Labour, Dindigul in W.C.No.96 of 2003.

(2.) The brief facts leading to the filing of this appeal would run thus:- The original claimant Seeniammal is the mother of the deceased Raj @ Rengaraj. The said Rengaraj was employed as a Driver by the 5th respondent herein to his vehicle bearing registration No.TDM 6846. It is alleged that on 6/1/1999, when the deceased was working at the 6th respondent's booking office, he died. The said incident had happened during the course of employment and when the deceased was on duty. At the time of incident, the deceased was 32 years old and he was earning Rs.1500.00 per month. The wife of the deceased Smt.Kalarani also died due to shock of her husband's death. It is specifically pleaded in the claim petition that the claimant was a widow and was totally dependent of the deceased. The fifth respondent as the owner of the Booking Office and the vehicle and its insurer, the appellant are jointly liable to pay compensation.

(3.) Counter statement was filed by the appellant denying entire averments made in the claim petition. It is stated that the policy covers only for the death or injuries caused to the employees in any accident during their course of employment, but the deceased got down from the vehicle on 6/1/1999 and while he remained on leave in the booking office, he developed chest pain. Immediately, he was taken to Government Hospital, Palladam, where he died. The deceased had not met with any accident and it was a natural death and prayed to dismiss the claim petition.