KAMATCHI Vs. P KANDASAMY

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred against the Order of the Deputy Commissioner of Labour, Salem, dated 30.06.2008 made in W.C.No.802 of 2005.

(2.) The brief facts of the case are that the deceased Periyasamy who is the husband of the applicant, was working as a Driver cum Rig Engine Operator of Rig Lorry for many years and the said Rig lorry is owned by the first opposite party. On 27.02004 during the course of employment, the deceased Periyasamy after completion of the work at a site, got down in a well to close down the air lock, after doing so, when he was climbing up, he slipped and fell into the well and sustained sustained injuries on his head and spine and he was taken to Attur Government Hospital, where he died. Since the deceased Periyasamy died in the course and out of the employment under the first opposite party, the applicant, who is the wife of the deceased filed a case claiming compensation for a sum of Rs. 5,00,000/- from the Proprietor of the Company.

(3.) In the counter filed by the first opposite party ie., the Proprietor of the company has stated that the second opposite party is insurer of the lorry at the time of accident. The Insurance for the said Rig Lorry was in force at the time of death of the workman. Hence, the second opposite party/insurance company is liable to pay the compensation.