NEW INDIA ASSURANCE THENI Vs. GOVINDARAJ

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal has been filed against the order dated 26.04.2004 made in W.C.No.21 of 2003 on the file of the Commissioner for Workmen's Compensation (Deputy Commissioner of Labour), Thirunelveli.

(2.) THE second respondent / Insurance Company is the appellant. THE first respondent had filed a claim petition before the Deputy Commissioner of Labour, Tirunelvelli, for the death of his son Suresh, in course of employment. According to the claimant, the deceased was working as a loadman in a Tractor bearing Registration No.TN74A-6913, belonging to the first respondent, insured with the second respondent and on 20.12.2002 the tractor met with an accident result of which his son Suresh died.

(3.) AGGRIEVED by the award, the Insurance Company has preferred the present appeal on various grounds including the ground that the deceased was traveling in the Tailor, which is not insured and he is also not permitted to travel in the tractor and therefore, the Insurance Company is not liable to pay the Compensation.