P MATHIYALAGAN Vs. P SAGUNTHALA

JUDGEMENT

(1.) NATIONAL Insurance Company Limited, Salem, (hereinafter referred to as "the Insurance Company") who was the third opposite party before the Commissioner for Workmen's Compensation and Deputy Commissioner of Labour, Salem Region (hereinafter referred to as "the Commissioner") and P. Mathiyalagan, the owner of the auto in question, who was the first opposite party before the Commissioner, are the appellants herein and they have challenged the order of the Commissioner made in W.C. No.44 of 1995 dated 04.07.1997.

(2.) IN respect of death of one Periyannan, his wife and minor children along with his parents, have filed a petition for compensation under the Workmens Compensation Act, 1923 (hereinafter referred to as "the Act") for a sum of Rs.1 lakh. IN support of their claim, the wife of the deceased was examined as P.W.1 and one R. Ganesan, a co-auto driver was examined as P.W.2 besides marking Exs. A.1 to A.5. On the side of the first and second opposite parties who are the first and second appellants herein, they themselves were examined as witnesses and on behalf of the INsurance Company who is the second appellant herein, the Assistant Administrative Officer, looking after the vehicle insurance claim was examined as witness and no document was filed on the side of the respondents.

(3.) THE Commissioner, on a perusal of the oral and documentary evidence and on due consideration to the evidence adduced before him and after holding that the deceased died due to chest pain which arose out of and in the course of his employment under the first opposite party on 15.12.1993 and awarded a compensation as Rs.78,824/- payable to the dependants of the deceased with interest at the rate of 12% per annum from the date of his death till the date of deposit. Aggrieved by the same, the Insurance Company and the owner of the auto in question have preferred this Civil Miscellaneous Appeal.