NATIONAL INSURANCE CO LTD Vs. KULANTHAI AMMAL

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed against the award dated 30.10.2010 passed in W.C.No.2 of 2007, by the Commissioner of Workmen Compensation (Deputy Commissioner of Labour), Dindigul, and allow this Civil Miscellaneous Appeal.

(2.) The appellant herein has challenged the order passed in W.C.No.2 of 2017 on 30.10.2010, awarding a sum of Rs.2,34,209/- with interest at the rate of 12% per annum, in a claim petition filed by R1 to R6 herein / claimants and also L.Rs. of the deceased one Palaniappan. Appellant herein is the insurer of the vehicle bearing Registration No.TN-10-C-9394, owned by the 7th respondent herein.

(3.) The claim petition was filed before the Commissioner of Workmen Compensation (Deputy Commissioner of Labour), Dindigul, seeking a sum of Rs.5,00,000/-, as compensation, for the death of N.Palaniappan, working as driver in the above said bore-well lorry under the employment of the 7th respondent herein and died during the course of employment. The deceased was employed as permanent driver under the 7th respondent. Deceased was sent to Rathalam in Madhyapradesh from Namakkal, by his employer, for doing the contract work of drilling borewell, through lorry bearing Registration No.TN- 10-C-9394. During drilling borewell, the deceased driver took rest lying in the cabin of the vehicle and after completion of the drilling work, he was found dead. Death of the deceased was reported to the Industrial Police Station, Rathalam and a case was registered in Crime No.4 of 2006. Postmortem upon the deceased was also done. Hence, the 7th respondent herein, as employer and owner of the said vehicle and the appellant herein, as insurer of the said lorry of the 7th respondent are severally and jointly liable to pay compensation as sought for in the claim petition.