S TAMILSELVI Vs. D SELVARAJ

JUDGEMENT

(1.) The appellants are the applicants, who are the widow wife and Minor son and Minor daughter of the deceased employee namely Selvaraj seeking for enhancement of compensation.

(2.) The deceased Selvaraj was 39 years old and he was employed as a driver for a lorry bearing Registration No.TN-46/6451 belonging to the first opposite party/first respondent on a monthly salary of Rs. 8,000/-PM including batta. On 07.06.2006, at about 04.30 AM while he was driving lorry near NH-7 Road, Nagpur, on the road of Kanyakumari to Varanasi main Road, he sustained severe Chest pain and immediately he was admitted in one Avanthi Institute of Cardiology Hospital, at Nagpur and were doctor examined and declared that he died due to Cardio Respiratory Failure. The applicants stated that the said accident took place during the course of employment and the applicants /claimants are entitled to claim compensation from the second respondent/Insurance Company, being the insurer of the offending vehicle.

(3.) The Deputy Commissioner, Labour Commissioner at Salem, after considering the case on its own merits, had awarded a sum of Rs.3,76,300/- as compensation. Challenging inadequate compensation the applicants have preferred this appeal for enhancement.