BRANCH OFFICE NATIONAL INSURANCE COMPANY LIMITED Vs. AMUDHA

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant/National Insurance Company Limited against the order of the learned Commissioner of Workmen's Compensation, Salem passed in W.C.No.151 of 2002 dated 20.12.2004 awarding a compensation of Rs.2,95,822/- to the claimants.

(2.) THE short facts of the case is as follows- THE deceased Kuppusamy was working as a driver cum driller under one Ganesan/first opposite party. THE heavy bore-well vehicle bearing registration No.TN45Z-0479 belongs to the first opposite party. THE same was insured with the National Insurance Company Limited/second opposite party. On 20.01.2002, at about 5.00 p.m. At Pudupattiyor Thottakinaru, Namagiripet, the said deceased Kuppusamy was on duty as a driver cum driller of the said vehicle. After completing the bore-well work at the said well, while the deceased Kuppusamy was coming up from the well with the help of a rope, he got unbalanced and fell down into the well and sustained serious head injury and died on the spot. THE concerned police i.e. Namagaripettai Police registered a criminal case in Crime No,43 of 2002 on an alleged offence under Section 174 of Cr.P.C.

(3.) THE learned Commissioner of Labour framed four issues namely i) Whether the deceased was an employee at the time of accident under the first respondent? ii) At the time of death, what was the age and salary of deceased? iii) What is the quantum of compensation which the applicants are entitled to? iv) If so, whom it has to be paid?