BASHIRA Vs. N. ASHRAFF HUSSAIN

JUDGEMENT

(1.) The appellant herein/applicant has filed an application for compensation under Sec. 10 of Workmen's Compensation Act, 1923 in WC.No.151 of 2012 before the Deputy Commissioner of Labour-II, Chennai for the death of her son G.Ansari, who was employed under the 1st respondent, Mr.Ashraff Hussain.

(2.) It is the case of the applicant before the Deputy Commissioner of Labour- II that the deceased was driving the car from Vandhavasi to Chennai and when the car was proceeding near Uthiramerur, the passengers, who travelled in the car stopped the car and murdered the driver, the said Ansari and fled away with the car. Contending that the deceased Ansari was employed under the 1st respondent and had died, it was a clear case of an accident arising in the course of employment and therefore, the claimant, being the legal representative and mother of the deceased G.Ansari prayed for lumpsum compensation from the 1st respondent/ employer and the 2nd respondent/Insurance company.

(3.) The Insurance company as 2nd respondent before the Deputy Commissioner of Labour -II filed a counter denying the claims made by the mother of the deceased, including the employer-employee relationship between the 1st respondent and the deceased. It was also contended by the Insurance company that the Registration Certificate and the Insurance Policy in respect of the vehicle on the date of the incident was in the name of one D.Flora and in the absence of nexus between D.Flora and the deceased, the Insurance Company cannot be held responsible for paying any compensation to the deceased. The Insurance Company denied liability to compensate the mother of the deceased and sought for dismissal of the claim before the Deputy Commissioner of Labour-II, Chennai, thereby confirming the order under challenge.