UNITED INDIA INSURANCE COMPANY LIMITED Vs. SASI

JUDGEMENT

(1.) THE appeal is preferred by the employer against the order dated 21.02.2006 pass in W.C.No.166 of 2005 by the Deputy Commissioner for Workmen's Compensation/ Deputy Commissioner of Labour No.2, Chennai-6. By consent, the appeal is taken up for final hearing on the following question of law.

(2.) BACKGROUND facts in a nutshell are as follows: A lorry bearing Registration No.TN-22-B-8620 owned by one K. Mohan/fifth respondent herein. The said lorry was insured with the appellant/Insurance Company. The said lorry was parked near Govindapuram lake at Vaniyampadi on 14.02.2005 at about 04.45 p.m. The deceased one M. Thanikachalam was the cleaner. While he was applying grease to the wheels and other parts under the lorry, the driver of the lorry moved in reverse and ran over the deceased. Due to the same, the deceased died on the spot. The claimants are mother, minor brothers and minor sister. They claimed a sum of Rs.7,00,000/- as compensation before the Commissioner of Workmen Compensation (Deputy Commissioner of Labour-II), Chennai. The said lorry was insured with the appellant/Insurance Company resisted the claim. On pleadings the Commissioner framed the following issues:-

(3.) WITH the above modification, the Civil Miscellaneous Appeal is disposed of. No costs.