MANAGER, NATIONAL INSURANCE CO. LTD Vs. RATHINA

JUDGEMENT

(1.) The present Appeal has been filed by the Insurance Company challenging the Award passed by the Commissioner for Employees' Compensation/Deputy Commissioner of Labour, Dindigul in E.C. No.3 of 2015.

(2.) According to the Claimant, the deceased was working as a Taxi Driver under the First Respondent in Claim Petition. The said Taxi was insured with the Second Respondent/Insurance Company. The Claimant had contended that the deceased had gone for a trip on 22/5/2014 and he was murdered by unidentified persons during his travel. An F.I.R. was registered in Crime No.69 of 2014 on the file of the Ambilikai Police Station, Dindigul District. Therefore, according to the Claimant, the death has happened only in the course of employment. The Claimant had further contended that the deceased was receiving a Salary of Rs.8,000.00 per month from the First Respondent.

(3.) The Second Respondent/Insurance Company had filed a Counter contending that some unidentified inflicted injuries on the deceased and his body was found in the private property of one Vadivel. Therefore, there is no connection between the course of employment and the incident that has taken place. He had further contended that the vehicle was not located near the deceased person, but elsewhere. He had further contended that the cause of death is only murder and it has not happened in the course of employment under the First Respondent. They have also questioned the Employer Employee relationship between the First Respondent and the deceased person. The Insurance Company has questioned the quantum of Award as prayed for.