MANAGER ICICI LOMBARD GENERAL INSURANCE Vs. KANTHIMATHI

JUDGEMENT

(1.) The appeal is directed against the order made in W.C. No. 426 of 2006 dated 22.11.2007 received on 12.12.2007 on the file of the Commissioner for Workmens Compensation, Deputy Commissioner of Labour - II, Chennai. The deceased was working as driver in the lorry belonging to the 6th respondent. On 20.10.2005, at about 5.10 p.m., while the deceased was taking the lorry to load the red sand in a Sozhavaram lake belonging to the Government, when he applied steering to take the lorry backward, unexpectedly, it hit on his chest. Immediately he was taken to Stanley Govt. Hospital where he was declared dead. At the time of accident, the deceased was earning a sum of Rs. 8,000/- per month.

(2.) In the counter filed by the appellant/insurance company, it is stated that the claim petition is not maintainable in law or on facts, that the death was due to the road accident and the claimants are put to strict proof that the alleged vehicle was involved in the accident, that there is no employer employee relationship between the deceased and the 6th respondent, that the age and income of the deceased are also denied and hence the petition has to be dismissed.

(3.) After analysing the oral and documentary evidence on record, the Workmen Compensation Commissioner/Deputy Commissioner for Labour, Chennai has, on the basis of the evidence adduced before the same, found that the deceased was employed as driver in the lorry belonging to the 6th respondent and he died due to heart attack sustained out of and in the course of his employment and hence held the respondent liable to pay compensation to the claimants and awarded Rs. 3,57,934/- as compensation. Hence, the appellant/insurance company is before this court by way of this appeal.