SUPERINTENDING ENGINEER Vs. SANKUPATHY

JUDGEMENT

(1.) The Tamil Nadu Electricity Board has filed the above appeal under Section 30 of the Workmen's Compensation Act, 1923, hereinafter referred to as 'the Act', questioning the order of the learned Deputy Commissioner of Labour, Salem, made in W.C.No.141/2003, dated June 7, 2004, fixing the compensation payable to the claimants.

(2.) According to the claimant, one Ardhanari, who was working under the appellants died on March 19, 2000 when he was proceeding to work. At the time of his death, he was aged about 41 years and earning a sum of Rs. 4,229 as monthly salary. On that basis, the claimant claimed a sum of R. 2,50,000 as compensation. The same was resisted by the appellants on the ground that the death of the employee was not due to the employment or in the course of employment and so the claim petition cannot be sustained.

(3.) Learned Deputy Commissioner, Salem, relying on various decisions held that the deceased employee died when he was proceeding to work which has to be taken that he died in the course of employment and so the respondents therein are liable to pay the compensation. Questioning the same, the above appeal is preferred.