ORIENTAL INSURANCE CO LTD Vs. D SAKUNTHALA

JUDGEMENT

(1.) AGGRIEVED by the award of the Commissioner for Workmen's Compensation-I, Chennai in W. C. No. 158 of 1996 dated 23. 8. 1997, the insurance company has filed this appeal. The claimant Nos. 1 and 2 are the respondents herein and they are the parents of the deceased. The deceased Murugavel was working as a car driver under respondent no. 3 for a salary of Rs. 2,000 p. m. On 18. 7. 1995, the deceased went to the house of the respondent No. 3 and there, he was instructed to go to Saidapet through her car bearing registration No. MDA 4063. Subsequently, it was learnt that deceased murugavel has not turned up again. Later, it was learnt that the deceased was kidnapped with the car on 19. 7. 1995 to Trichy, where he was murdered and his body was thrown at Thalinji Main Road, Kulithalai taluk, Trichy District. The culprits have taken away the car. The said car bearing registration No. MDA 4063 was insured with the appellant insurance company at the time of the incident. The age of the deceased was 25. When the respondent Nos. 1 and 2 approached respondent No. 3, she told them to go to the appellant insurance company. Thus, the respondent Nos. 1 and 2 have filed the application for compensation in accordance with the provisions of the Workmen's Compensation Act, 1923.

(2.) IN support of their claim, the respondents have filed transfer certificate, exh. A1; copy of first information report, exh. A2; copy of post-mortem certificate, exh. A3; copy of death certificate, Exh. A4 and copy of insurance policy, Exh. A5.

(3.) D. Sakunthala, respondent No. 1, was examined as PW 1. The Deputy Commissioner of Labour, who is an authority under the Workmen's Compensation Act, 1923, on appreciation of oral and documentary evidence and after holding that the murder of the deceased amounts to an accident, arising out of and in the course of his employment, the respondents are entitled to receive the compensation under the Workmen's Compensation Act, the respondents have filed copy of the insurance policy, Exh. A5, from which, it is clear that the car involved in this case was owned by respondent No. 3 and it was insured with the appellant insurance company at the time of death of the deceased and there was a valid insurance and, therefore, the appellant insurance company has to pay the compensation. The Deputy Commissioner of Labour-I (hereinafter called 'the authority') has passed an award for a sum of rs. 86,764 with interest at the rate of 6 per cent per annum from the date of accident till the date of deposit. Against the said award, the insurance company alone has preferred the above appeal questioning its liability.