THE ORIENTAL INSUANCE COMPANY LIMITED Vs. S.NEELAVATHY

JUDGEMENT

(1.) This appeal is filed against the order made in W.C. No.319 of 2001, dated 01.04.2004 on the file of the Deputy Commissioner for Workmen's Compensation, Tiruchirappalli.

(2.) The appellant Insurance Company is the third respondent in the W.C.No.319 of 2001 on the file of the Deputy Commissioner for Workmen Compensation, Tiruchirappalli. The respondents 1 to 3 along with one Soundaravalliammal filed the W.C.No.319 of 2001 claiming a sum of Rs.3 lakhs as compensation. The fourth respondent is the owner of the omni bus. The fifth respondent is the Manager of S.R.K.Travels.The appellant is the insurer of the omni bus. The Deputy Commissioner for Workmen Compensation awarded a sum of Rs. 2,72,528/ - as compensation to respondents 1 to 3 and Soundaravalliammal. Against the said order, dated 1.4.2004, the present appeal has been filed.

(3.) The facts of the case: According to the respondents 1 to 3, the deceased was working as driver of the omni bus belonging to the fourth respondent. On 11.12.2000, the deceased was working as driver and drove the omni bus from Trichy to Chennai. While driving the bus, on return trip from Chennai to Trichy, he suffered heart attack and he died at 5.30 a.m on 12.12.2000. According to the respondents 1 to 3, he died during and in the course of employment due to pressure of work as he was made to drive the bus without any rest. According to the respondents 1 to 3, the deceased was earning a sum of Rs.4,000/ -p.m. by way of salary including batta paid to him. The deceased was aged about 39 years at the time of accident. The respondents 1 to 3 and Soundaravalliammal are the legal heirs of the deceased. Therefore they claimed a sum of Rs.3 lakhs as compensation for the death of husband of first respondent and father of respondents 2 and 3 and son of the Soundaravalliammal, now deceased.