PARAMESWARI Vs. S. JAGANATHAN

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal arises against the judgment of Deputy Commissioner of Labour -I, Chennai, passed in W.C. No.15 of 2007 on 5.5.2009.

(2.) THE Appellants are wife, daughter, sons and mother of the deceased. The First Respondent is the owner of the offending vehicle and the Second Respondent is the Insurer thereof. The deceased was working as a driver under the First Respondent. On 27.2.2006 at about 2.00 hours, the deceased was driving the Auto bearing registration No.Tn -01 -T -8743 belonging to the First Respondent. At that time, a person was crossing the road. In order to avoid accident, the deceased applied brakes suddenly due to which the Auto capsized resulting in the deceased sustaining grievous injuries and dying on the spot.

(3.) LEARNED Counsel for the Appellants placed reliance on the decision of this Court in N. Senthilkumar v. S. Ramesh and another, 2008 (2) LLN 584, to submit that where premium has been paid to meet the requirements of the Employees ' Compensation Act, 1923 (hereinafter referred to as 'Act '), it would not be open to the Insurance Company to raise defence which may be available to it under the Motor Vehicles Act.