SAVAMALAI COFEE ESTATE PVT. LTD. Vs. PARUKUTTY

JUDGEMENT

(1.) Challenging the order of the Commissioner of Workmen's Compensation made in E.C.No.88/2014 the present appeal is filed. The case of the respondent 1 to 3 herein, who were the claimants, is that the husband of the first respondent and the father of the respondents 2 and 3. D. Chandran was working with the appellant Management as a causal labourer engaged in spraying of pesticides in the plantation. It appears that on 17.4.2014, the said D.Chandran had finished his work at 3.00 p.m. and left for his house and at 9.30 pm he complained chest pain, he was taken to the Government Hospital at Valparai, where it was declared that he was brought dead. Therefore, according to the claimants, the death occurred due to the stress and strain suffered by the deceased Chandran in the course of his employment.

(2.) The said claim was resisted by the appellant-Management, contending that the deceased Chandran has completed his work at about 3.00pm and left for his residence and around 9.30pm, when it was informed that D.Chandran has got chest pain, he was immediately taken to the Government Hospital at Valparai, where he was declared dead. According to the appellant-Management, the death did not occur in the course of the employment and therefore, the appellant-Management is not liable to pay the compensation. It is further contended that even assuming that the appellant-Management is liable to pay the compensation, there is a valid Insurance policy covering the risk and it is only the 4th respondent Insurance Company, which has to pay the compensation.

(3.) Before the Deputy Commissioner, the first claimant, namely the wife of the deceased Chandran was examined as PW1 and Exs.P1 to Ex.P5 were marked. On the side of the appellant-Management, one Papu, an employee of the Management was examined and R.Nithyanandan was examined on the side of the 4th respondent-Insurance company.