UNITED INDIA INSURANCE COMPANY LTD Vs. ANJALAI

JUDGEMENT

(1.) (Civil Miscellaneous Appeal filed under Section 30 of the Workmen Compensation Act, against the award dated 01.02.2000 made in W.C.No.179 of 1997 on the file of the Commissioner for Workmen Compensation " II, Chennai.) Aggrieved by the award dated 01.02.2000 passed by the Commissioner for Workmen Compensation " II, Chennai in W.C.No.179 of 1997, the Insurance Company has preferred this appeal.

(2.) THE brief facts leading to the filing of this appeal are as follows:

(3.) MR. N. Muthusamy, learned Counsel for the Electricity Board submitted that the cable laying work includes laying of cables through pole and connecting the same to the metre board. He submitted that on the fateful day of accident, all precautionary measures were taken to remove the fuses of the said line and inspite of that, the deceased was electrocuted due to sudden electric supply. He further submitted that the deceased was not asked by the Tamilnadu Electricity Board Official to effect service connection. Learned Counsel for the Electricity Board further submitted that the nature of job is covered under the K2 agreement entered into between the Tamilnadu Electricity Board and its Contractor, namely, the third opposite party and as per the agreement, the Contractor is liable to pay compensation for the electrocution of the deceased and that the Insurance Company has to indemnify both the Contractor as well as the Tamil Nadu Electricity Board. Learned Counsel also submitted that the Insurance Company has not taken up the plea that the nature of work was not covered under the Policy and that no evidence was let in and they should not be permitted to raise the said plea in the appeal. Inviting my attention to the averments made in the counter affidavit filed by the Insurance Company, learned Counsel for the Electricity Board submitted that the Insurance Company has admitted joint liability to pay compensation. In fine, he submitted that it is the Insurance Company, which is liable to pay compensation to indemnify the Contractor, under whom the deceased was employed as a contract labourer at the time of accident.