ORIENTAL INSURANCE COMPANY LIMITED Vs. T. VIJAYA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed by the Oriental Insurance Company Limited, Erode against the award dated 26.07.2004 made in WC.No.601/2002 by the Commissioner for Workmen's Compensation, Salem, thereby awarding a sum of Rs.2,56,660/- with interest at 9 per cent p.a. from the date of filing of the claim petition till the date of deposit in the event of the Appellant Insurance Company failing to deposit the compensation within thirty days.

(2.) The claimants 1 to 4, who are the wife, daughters and mother of the deceased Thangamuthu, filed the above said claim application under the provisions of the Workmen's Compensation Act for grant of compensation for the death of the deceased. According to the claimants, the deceased was employed under the 5th Respondent as a Driller in the Rig Unit of M/s.Cauvery Borewells for the past 15 years and was drawing a monthly salary of Rs.3000/- and a daily batta of Rs.50/-. He was a skilled labourer and was employed to sink borewells for the purpose of erecting power stations in the Amaravathi Dam. On 17.6.2001, at night hours, after completing first shift work, the deceased went to Amaravathi Dam for taking bath to clean the dust spread over on his body and while taking bath, he accidentally drowned in the said Dam and died on the spot. The claimants have pleaded that the deceased died during the course of his employment with the 5th Respondent, while he was taking bath in the said Dam to clean his body after completing first shift work. Therefore, the claimants claimed a sum of Rs.4,50,000/- as compensation with interest at 12 per cent p.a.

(3.) The Appellant Insurance Company filed a Written Statement before the Commissioner for Workmen compensation stating that the death of the deceased workman did not take place during the course of his employment. It is further pleaded that neither the death took place within the premises of the power station nor during the course of actual employment or during the period of his duty. The owner remained exparte before the Commissioner for Workmen Compensation.