NEW INDIA ASSURANCE CO LTD Vs. ELURU EEVAIAH

JUDGEMENT

(1.) RESPONDENTS 1 to 4 who are the parents, brother and sister of seenaiah (the deceased), who was working as a Security Guard/watchman in M/s. Sharat Sea Foods Limited, Ramalingapuram, nellore i. e. , 5th respondent, filed an application under the Workmen's Compensation act, 1923 (the Act), before the Commissioner for Workmen's Compensation Act-cum-Assistant Commissioner of Labour, Nellore, alleging that the deceased while attending to his duties on 5. 11. 1995 slipped from the 'jetty' and fell into the sea at about 8. 30 a. m. and died and inasmuch as the death of the deceased occurred out of and during the course of his employment with the 5th respondent, 5th respondent and the appellant who is the insurer are liable to pay compensation of Rs. 1,68,000/-to them.

(2.) 5th respondent filed its counter inter alia contending that the deceased was appointed as Security Guard/watchman on a monthly salary of Rs. 1,500/- from 17. 6. 1995 and that the deceased while discharging his duties on 5. 11. 1995 accidentally slipped from the 'jetty' and fell into the sea and his dead body was found on the evening of 6. 11. 1995 and inasmuch as its employees are insured with the appellant the compensation, if any, has to be paid by the appellant.

(3.) APPELLANT filed its counter putting the respondents 1 to 4 to proof of the averments in the petition and about the employment of the deceased with the 5th respondent, his age and salary.