ANURADHA Vs. M MOHAMMED ISMAIL

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed to set aside the dismissal of the claim petition in W.C.No.210 of 2005 dated 08.12.2006 on the file of the Deputy Commissioner of Labour, (Workmen Compensation), Trichy.

(2.) The appellants are claimants in W.C.No.210 of 2005, claiming a sum of Rs. 10,00,000/- (Rupees Ten Lakhs Only) as compensation for the death of one Ayyappan in the accident took place on 001.2005. The appellants are the legal heirs of the said Ayyappan.

(3.) According to the appellants, the said Ayyappan was working as load man under the first respondent. On 02.01.2005, after the said Ayyappan and other load men loaded logs in a lorry bearing Registration No.TDV 2099, before the said Ayyappan got into the lorry, the driver has suddenly started the lorry and the logs fell on the said Ayyappan and he died on the way to hospital. The accident occurred only due to the negligence of the driver of the lorry, belonging to the first respondent, while, the said Ayyappan employed by the first respondent. The lorry was insured with the second respondent and both the respondents 1 and 2 are liable to pay compensation.