M/S. UNITED INDIA INSURANCE COMPANY Vs. KANAKAVALLI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellant/Insurance Company against the order dated 04.01.2013 passed in W.C. No. 88 of 2012 on the file of the Workmen Compensation Commissioner of Labour, Tiruchirappalli.

(2.) It is a case of a fatal accident took place on 18.12.2011 at about 09.00 hours near Sivasakthi Weight bridge, Pottireddipatti. The deceased was working as a driver under the first respondent. While he was driving a goods vehicle bearing Registration No.TN-57- F-7991, belonged to the first respondent and insured with the second respondent, he suffered from chest pain due to his continuous work and due to that, he died in the course of employment. The deceased was aged about 38 years at the time of his death and he has earned a sum of Rs.8,000.00 per month. Hence, the legal heirs of the deceased filed a petition before the Deputy Commissioner for Workmen's Compensation, Tiruchirapalli, in W.C. No. 88 of 2012 claiming a sum of Rs.8,00,000.00 as compensation.

(3.) In the counter affidavit filed by the second respondent, they denied the death which was caused during the time of employment and they also denied the income and also denied the employer and employee relationship.