ICICI LOMBARD GENERAL INSURANCE CO LIMITED Vs. MUNIAMMAL

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed against the Judgement and Decree dated 29.09.2007 made in WC.No.411/2005 by the learned Deputy Labour Commissioner for Workmen's Compensation, Salem, whereby a sum of Rs.3,28,079/- was awarded to the claimants/the Respondents 1 to 4 herein.

(2.) The only question that arises for consideration in this appeal is as to whether the Insurer is liable to pay compensation under the provisions of the Workmen's Compensation Act, when the driver, who was on the wheels, died due to heart attack.

(3.) The claimants/the Respondents 1 to 4 filed the above said claim a claim petition before the Deputy Labour Commissioner for Workmen's Compensation, Salem claiming compensation on ground that the 1st claimant being the widow and the claimants 2 to 4 being the children of the deceased Nachimuthu, who was employed as a Driver under the 1st opposite party before the Deputy Labour Commissioner, are entitled to claim compensation on account of the sudden death of Nachimuthu on 27.9.2004 during the course of the employment. The deceased was driving the lorry bearing Reg.No.KA-03-AB-7997 loaded with heavy goods from Hosapet in Karnataka to Goa accompanied by a cleaner V.Chandrasekar. According to the claimants, due to restless duty imposed on the deceased, he was badly affected both mentally and physically and at Hosapet, as he suddenly felt uneasiness, he stopped the vehicle on the road side and informed the cleaner, who admitted him in the Hospital.