UNITED INDIA INSURANCE CO LTD Vs. PADMINI

JUDGEMENT

(1.) Challenge in this Civil Miscellaneous Appeal is to the finding fastening liability on the appellant Insurance company to pay compensation of Rs.1,32,121/- for the death of one Mr.Prahaladan, a Night Watchman in Devarshola Estate, Thasishola Plantation Pvt. Ltd., Devarshola, Nilgiris District.

(2.) As per the claim in W.C.No.3 of 2008, made by the wife, the deceased was employed as a Night Watcher in Devarshola Estate, Coonur, Nilgiris District. On 12.03.2007, when he was engaged in his duty, he fell down from a vulnerable post. He sustained injuries. Besides, there was shock. Though, he was provided with first aid and treated in Estate Garden hospital and thereafter, rushed to Sultan Battery MES Hospital, about 25 kms away from the Estate, he died. The certificate issued by the hospital indicated death was due to stroke as a result of Cerebral Hemorrhage, and also hypertension.

(3.) According to the widow, her husband earned Rs.2,264.60p per month, prior to death. Notice of accident was served on the 2nd opposite party on 14.03.2007. As the compensation claimed was not paid by the Management, it resulted in a claim before the Deputy Commissioner of Labour. United India Insurance Company, Ootacamand, the 1st opposite party has opposed the claim, contending inter alia that there was no accident during the course and arising out of employment, with the 2nd opposite party.