NEW INDIA ASSURANCE COMPANY Vs. MALLIGA

JUDGEMENT

(1.) CHALLENGING the award of compensation of Rs.1,92,140/ -, Insurance Company has preferred this appeal denying its liability.

(2.) THE deceased/workman sustained injuries in the accident in the course of his employment. On 19.11.1998, the deceased Muthumathi was driving lorry bearing Registration No.TN.07 -Y -2115 and suddenly applied brakes to avoid hitting against a cyclist, as a result of which, the lorry went out of control and capsized, causing injuries to the said Muthumathi. The accident occurred during the course of and out of employment, while the said Muthumathi was engaged as a driver of the said lorry. Muthumathi was admitted to Government General Hospital, Chennai, after initial treatment at Government Hospital, Krishnagiri. After discharge from Government Hospital, Chennai on 14.05.1999, it was alleged he developed tetanus and died in his house on 23.07.1999. Alleging the death was due to injuries sustained during the course of employment, claimants filed Petition under Workmen's Compensation Act claiming compensation of Rs.5,00,000/ -.

(3.) UPON consideration of oral and documentary evidence, Deputy Commissioner of Labour held that the deceased sustained injuries in the course of his employment and after treatment, he has developed 'Latent Tetanus' and he died as a sequel of the injuries sustained by him and the Labour Commissioner awarded compensation of Rs.1,92,140/ -.