SELLAMMAL SPINNING MILLS PVT LTD Vs. BANNARI

JUDGEMENT

(1.) The appeal is directed against the order passed in W.C. No. 68/2003 dated April 23, 2004 on the file of the Deputy Commissioner of Workmen Compensation Coimbatore.

(2.) The following are the averments found in the claim petition: One Thulasimani is the daughter of the claimants. She was employed as a Worker under the opposite party for the past two years. On January 25, 2003, she went to the respondent Mills to attend night shift and met with an accident on January 27, 2003 early morning in the generator room in a suspicious manner. The accident arose in the course of and out of employment. She sustained multiple injuries all over the body. Subsequently, she was taken to the Coimbatore Medical College Hospital for taking treatment. However, she died on January 27, 2003 at about 12.00 noon in the Coimbatore Medical College Hospital. The Annur Police registered a case under Section 287 read with 304 (A) IPC in Crime No. 18/2003. The deceased was aged 19 years at the time of accident and was drawing a monthly wages of Rs. 4,500/-. Hence a sum of Rs. 5,00,000/- is prayed for as compensation.

(3.) In the counter filed by the opposite party, it is alleged as follows: