DHAVAMANI Vs. IDEAL SPINNING MILLS LTD

JUDGEMENT

(1.) THE applicants before the Commissioner for Workmen's compensation have preferred the above appeal against the award dated 08. 07. 1998 made in W. C. No. 141 of 1996 on the file of the Deputy Commissioner of Labour (Commissioner for Workmen's Compensation), Salem, for enhancement of the award amount.

(2.) THE deceased Sennan, who is the husband of the first appellant/first claimant and father of appellants 2 & 3/claimants 2 & 3, was working as a driver in the lorry bearing Registration No. TN-27-5533 belonging to the first respondent company and insured with the second respondent. On 10. 09. 1995, when he was driving the lorry near Mettupatty thathanoor, he gave way to the lorry, which came in the opposite direction, and while so, the lorry dragged due to slit soil and drizzling and hit against a tamarind tree, due to which, he sustained grievous injuries and died on the spot. THE appellants filed a petition claiming a compensation of Rs. 2,00,000/ -.

(3.) WHEN the appeal was admitted, the following substantial questions of law are framed for consideration: 1. Whether the learned Commissioner calculated the Award correctly? 2. Whether the Insurance Company is liable to pay the compensation or not?