UNITED INDIA INSURANCE COMPANY LIMITED Vs. CHELLAMANI

JUDGEMENT

(1.) THE appellant/2nd opposite party has preferred the present appeal in CMA(MD).No.272 of 2005, against the order passed in W.C.No.182 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 opposite party in his counter has submitted that the deceased had not died during the course of employment under the 1st opposite party. It was submitted that the deceased had died due to his negligence in going into the railway track and that the accident had occurred as the deceased had wilfully breached the rules. It was submitted that as the accident had not occurred while the deceased was driving the lorry, the 2nd opposite party cannot be held liable to pay any compensation. It was submitted that the claim was excessive.