ORIENTAL INSURANCE COMPANY LIMITED Vs. TMT ANITHAKUMARI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the order passed in W.C.No.68 of 2008, dated 30.03.2012, on the file of the Deputy Commissioner for Workmen's Compensation, Tirunelveli.

(2.) The appellant is the second respondent in W.C.No.68 of 2008. The respondents 1 to 4 herein have filed the above W.C. contending that on 29.01.2008 at 10.00 hours, one Subramanian, the husband of the first respondent and father of the respondents 2 to 4 was working as a Labourer under the fifth respondent. During the course of employment, while the deceased was walking in South Bye-pass Road, near Railway Over Bridge, to change the scar valve in the BSNL Bus Stop, a Motorcycle bearing Registration No.TN-67-S-8914 dashed against the deceased, in which, the deceased sustained grievous injuries all over the body and was taken to a hospital for treatment. Despite intensive treatment, he died on 04.02008 in the hospital. The respondents 1 to 4, who are the legal heirs and dependants of the deceased, claimed compensation of Rs. 3,94,120/-.

(3.) The appellant Insurance Company/Insurer of the fifth respondent/employer filed counter contending that the deceased did not die during and in the course of employment under the fifth respondent.