VELU AMMAL Vs. KRISHNA AGENCIES

JUDGEMENT

(1.) THE applicants in W. C. No. 125 of 1997 before the Commissioner of Workmen's Compensation No. II, Chennai-6 are the appellants before this Court.

(2.) THE case put forth by them before the said Authority was that one Anbazhagan, husband of the first appellant and father of the other appellants, died in an accident arising out of and in the course of his employment with the first respondent on 18. 8. 1993. Their further case before the said Authority was that the deceased Anbazhagan was receiving a sum of Rs. 80/- as daily wages and Rs. 10/- as daily batta. On 18. 8. 1993, when he was working as Lorry Driver in the lorry bearing registration No. AP-26-T-4656 owned by the first respondent herein died due to electrocution during the course of employment at the first respondent's shed. The second respondent being the insurer of the said vehicle has been added in the said proceedings. The said proceedings has been initiated by them for payment of compensation for the death of the said Anbazhagan in the said accident arising out of and in the course of his employment.

(3.) THE first respondent filed a counter stating that if any orders are passed for payment of compensation, that amount should be paid by the second respondent-Insurance Company. The second respondent has filed the counter stating that it does not admit the manner of accident and the employment of the deceased with the first respondent herein, as driver. It has also been averred in the said counter that the appellants have to establish that the deceased died in the course of employment as driver under the first respondent.