ORIENTAL INSURANCE COMPANY LTD. Vs. THAILAMMAL AND OTHER

JUDGEMENT

(1.) The Insurance Company has preferred this Civil Miscellaneous Appeal against the award passed by the Commissioner for Workmen's Compensation, Salem, in W.C.No.538 of 2004, dated 17.04.2006 .

(2.) The case of the claimant is that the son of the claimant, Elengovan had succumbed during the course of employment in an accident, that had taken place on 29.07.2004. The deceased was working as a Driller in Rig bearing registration No.KA/05-Z-5531 at Andhra Pradesh. The employer remained absent and the appellant/Insurance Company had admitted that the vehicle is covered by the insurance policy and a separate policy was also issued for those who are not covered with the policy for covering the driller and other categories. The age and the monthly income have been objected by the insurance company.

(3.) According to the Insurance Company, the deceased was covered under the Group Personal Accident Policy and therefore, he was not covered by the Motor Vehicles Policy. Since a sum of Rs. 1,00,000/- as per the coverage under Group Personal Accident Policy was paid, the claimant is not entitled to get the compensation under the Motor Vehicles Act.