KANNAMMAL Vs. N.BALASUBRAMANIAN

JUDGEMENT

(1.) The appellants are the applicants, who are the widowed wife and son of the deceased employee namely Rajendiran, filed this Civil Miscellaneous Appeal against the dismissal Order passed in dated 30.03.2013 by the Deputy Commissioner of Labour, Salem.

(2.) The deceased Rajendiran was 48 years old and he was employed as a driver in a Lorry bearing Registration No. KA-01-AD- 2499 belonging to the first opposite party/first respondent on a monthly salary of Rs.5,000/-. On 15.05.2009, the deceased went to Mangasuli Village, Athani Taluk, Karnataka State from Salem District to deliver the Coconuts, he reached on 21.05.2009 at about 05.30 PM due to non availability of workers to unload the goods, he stayed there, on next day (i.e) 22.05.2009 the workers are un loadings the goods, at that time about 11.30 AM due to the stress and strain and work pressure, the deceased became ill and suddenly sustain the chest pain and he was taken to Dr. Yuvaraja A.Patil Hospital at Mangasuli and where he was declared dead. The learned counsel for appellants states 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, dismissed the entire claim application on the ground that there is no evidence to show that the death occurred during course of employment and died due to stress and strain and work pressure and also non-production of medical record by the applicants.