NATIONAL INSURANCE CO LTD Vs. BALAKRISHNAN

JUDGEMENT

(1.) Challenging the award of compensation made in W.C.No.382 of 2010 dated 09.05.2013 on the file of the Commissioner for Workmen's Compensation -2 / Deputy Commissioner of Labour - 2. Teynampet, Chennai 600 006, the National Insurance Company Limited has preferred this appeal.

(2.) The Insurance Company is the appellant before this Court. According to the Insurance Company, they are not liable to pay the compensation for the persons who are employed in a rig unit mounted on lorry. The Insurance Policy covers only the accidents occurred out of plying the vehicle and not for the operation of the rig, therefore, they are not liable to pay the compensation.

(3.) The case of the claimant is that he was employed under the second respondent, who is the owner of the vehicle bearing Registration No.TNG-557 On the instructions from his employer, the claimant was doing bore well work on 21.04.2010, in which he sustained injuries in his right hand and thereafter he was admitted to hospital. In the accident, his right hand middle four fingers were amputated and he could not do any work thereafter. On the basis of the injuries sustained, he laid the claim petition. The second respondent employer had admitted the employment status and the salary/wages paid to the claimant. In view of the policy coverage, the second respondent pleaded that the Insurance Company is liable to pay the compensation. The Insurance Company denied all the averments made in the claim petition and contended that they are not liable to pay the compensation for the persons who are working in rig unit mounted on the motor vehicle insured by them.