DIVISIONAL MANAGER, ORIENTAL INSURANCE COMPANY LTD Vs. JEEVA

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed by the appellant/Insurance Company against the order passed in W.C.No.332 of 2008 dated 18.02.2013, on the file of the Deputy Commissioner for Workmen's Compensation, Tiruchirapalli.

(2.) It is a case of a fatal accident took place on 04.11.2007. At the time of occurrence, the deceased was working as a driver under the first respondent. When the deceased was driving the vehicle bearing Registration No.TN-20-AZ-9166, after discharging his duties, he suffered from severe heart pain and hence, he stopped the vehicle and the accompanied person took him to the Thanjavur Medical College Hospital, where he reported to be dead. The deceased was aged about 32 years at the time of his death and he has earned a sum of Rs.6,000/- per month. Hence, the legal heirs of the deceased filed a petition before the Deputy Commissioner for Workmen's Compensation, Tiruchirapalli, claiming a sum of Rs.6,000/- as compensation.

(3.) In the counter affidavit filed by the second respondent, they denied the death which was caused during the time of employment and they also denied the income and also denied the employer and employee relationship.