UNITED INDIA INSURANCE CO LTD Vs. PAVAYEE

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been preferred against the award made in W.C.No.422 of 2000 on the file of the Commissioner for Workmen's Compensation, Deputy Commissioner for Labour, Salem.

(2.) W.C.No.422 of 2000 was filed by the petitioner / 1st respondent herein, claiming compensation for the death of P.Chellamuthu who was working as a Cleaner in the lorry bearing Registration No.TN28/Y-1653, which belongs to the first respondent and insured with the second respondent / appellant herein. The Commissioner of Workmen's compensation analysed the evidence and documents and after considering all the aspects with regard to the employment of the deceased as Cleaner and the fact that he had also met with an accident and died while he was under employment, his age and loss to the family was assessed and awarded a sum of Rs.2,24,000/- as compensation to be paid by the second respondent / appellant herein / Insurance Company. Aggrieved against the award of the Commissioner of the Workmen's compensation, this Civil Miscellaneous Appeal has been preferred.

(3.) According to the learned counsel for the appellant, the authority has grossly erred in arriving at a finding that the death was due to injuries, in the absence of any record for treatment and in the absence of Post Mortem Certificate. The authority has also failed to notice that the death was due to jaundice and renal failure and not due to any injuries sustained in the accident. Hence, in the absence of any other relevant document to show that the deceased was under continuous medical treatment for a long period and the injuries sustained by him was the cause for the death , the award passed by the authority has to be set aside.