UNITED INDIA INSURANCE COMPANY LIMITED, CUDDALORE Vs. DHANKKODI

JUDGEMENT

(1.) These appeals are directed against the awards passed in W.C.No.240 of 2002 and W.C.No.242 of 2002 respectively, dated 06.11.2003, on the file of Commissioner for Workmen's Compensation-II (Deputy Commissioner of Labour-II), Chennai.

(2.) According to the appellant-insurer, the insurance company is not liable to pay compensation, as the tractor and the trailor involved in the accident were completely different and the trailor was not insured with the company; the policy issued by the appellant covered the tractor bearing No.TAF 2493 and trailor bearing No.MDF 6261; but, at the time of accident, the victims were travelling in trailor bearing No.TDF 7007, which was not insured with the appellant; and, therefore, the authority below, without adjudicating the issues, has passed the order, without application of mind.

(3.) The case of the claimants was that the deceased was working as a loadman under the first opposite party, fourth respondent herein, from 01.12.1994 and was earning a sum of Rs.3,000/- per month; while he was travelling in tractor TAF 2493 and trailor MDF 6261 as a loadman on 27.02.1995, the train Pallavan Express dashed against the tractor and the trailor, whereupon, he died in the accident, at an unmanned railway crossing.