UNITED INDIA INSURANCE COMPANY LIMITED Vs. R.VETHANAYAGAM

JUDGEMENT

(1.) THE appellant/2nd opposite party has preferred the present appeal in CMA(MD).No.271f 2005, against the order passed in W.C.No.181 of 2003, on the file of the Workmen Compensation Commissioner (Deputy Commissioner of Labour), Dindigul.

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

(3.) THE 2nd respondent in his counter has submitted that the deceased had died due to injuries sustained in a rail accident and that he had not died during the course of doing his duty under the 1st respondent. It was submitted that the deceased had wilfully gone into the railway track without following the rules and that the deceased had not died during the course of driving the 1st respondent's lorry. The averments regarding the age and income of the deceased was also not admitted. It was submitted that as the deceased had breached the rules and died due to his negligence, the 2nd respondent could not be held liable to pay compensation to the petitioners. It was submitted that the claim was excessive.