NATIONAL INSURANCE COMPANY LIMITED Vs. ARUMUGHAM

JUDGEMENT

(1.) THE Insurance Company is the appellant. The challenge is to the award of Commissioner for Workmen's Compensation (Deputy Commissioner of Labour)Salem, dated 07. 06. 2004 in W. C. No. 558 of 2002.

(2.) ONE Mr. Anandavel was employed as Driller cum Helper in the rig unit fitted on a lorry bearing Registration No. CNP 4779. On 16. 09. 1 996, when the rig unit was in operation, the said Anandavel was stated to have been electrocuted and died. The third respondent is the owner of the said rig unit. Respondents 1 and 2, who are the parents of the deceased Anandavel, filed a claim petition before the Commissioner for Workmen's Compensation claiming a sum of Rs. 5,00,000/ -. The said claim was resisted by the appellant contending that it had not issued any policy of insurance for the rig unit lorry in favour of the first opposite party covering the period of accident and that any award passed has to be satisfied by the 3rd respondent herein.

(3.) IT is now reported by the learned counsel appearing for respondents 2 and 3 that during the pendency of this appeal, the first respondent passed away and therefore, whatever compensation awarded will have to be paid to the 2nd respondent alone, who is the mother of the deceased.