SAKINA SHERIFF Vs. M. AMSATH BEGUM

JUDGEMENT

(1.) Challenging the award passed by the Deputy Commissioner of Labour, Dindigul in W.C. No. 290 of 2004, the present appeal is filed. The respondents laid a petition before the Deputy Commissioner of Labour contending that late Mytheen Pitchai, who is the husband of the claimant No. 1 and the father of the claimant Nos. 2 to 6, was working as a driver with the appellant for Ambassador car bearing registration No. TN 59-Z 0336, suffered heart attack on 9.11.2003 and died. The claimants have contended that the accident happened in the course of employment and hence, they are entitled for the compensation.

(2.) Resisting the claim petition, the appellant filed counter-affidavit denying the allegations made by the claimants. The appellant admitted the employment of the deceased Mytheen Pitchai, but denied her liability contending that the death did not take place in the course of employment or arising out of employment.

(3.) The claimant No. 1 examined herself as P.W. 1 and marked Exhs. P1 to P7 and on the side of the appellant, no witness was examined and no document was got marked.