ORIENTAL INSURANCE COMPANY LIMITED Vs. SULTANA BEGUM

JUDGEMENT

(1.) The present civil miscellaneous appeal has been directed against award dtd. 21/11/2007 in W.C.No.7 of 2006 on the file of Commissioner for Workmen's Compensation and Assistant Commissioner of Labour-I at Hyderabad (hereinafter referred to as 'the Commissioner'), whereunder, the claim of respondent Nos.1 to 4 herein for grant of compensation for death of one Mr. Syed Sabeer Hussain (hereinafter referred to as 'deceased'), was allowed granting compensation of Rs.3,52,024.00 including stamp fee and advocate fee. Aggrieved by the same, the present civil miscellaneous appeal is filed at the instance of opposite party No.2 therein i.e., insurance company.

(2.) The appellant herein is opposite party No.2/insurance company, respondent Nos.1 to 4 herein are claimants/legal heirs of deceased and respondent No.5 herein is opposite party No.1/owner of the vehicle before the Commissioner.

(3.) The main grievance of the appellant-insurance company is that there is no evidence on record to show that the death of the deceased was during the course his employment with respondent No.5. It is their further contention that the cause of death was not relating to employment of the deceased. Therefore, the appellant-insurance company is not liable to pay compensation.