B SUGUNA Vs. M CHINNUSAMY

JUDGEMENT

(1.) The appellants are the applicants, who are the widowed wife, minor Daughter, Minor Son and father of the deceased employee namely, Balan seeking for enhancement of compensation.

(2.) The deceased Balan was 48 years old and he was employed as a driver in Lorry bearing Registration No.TN-28-P-1559 belonging to the first opposite party/first respondent on a monthly salary of Rs.8,000/- including bata. On 13.07.2007, at about 02.30 PM while he was driving Lorry near at the place of Daba, Kushtagi Police Station Jurisdiction, at Kyadigumpi, he sustained severe Heart Attack and he fell down on the ground and vomited blood and immediately he was admitted in Ilkal Government Hospital and were doctor examined and declared that he died. The applicants stated that the said accident took place during the course of employment and the applicants 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.3,22,100/- as compensation. Dissatisfaction with the award, the present appeal has been filed by the appellants for enhancement of the award.