Insurance company told to pay compensation to mason's family

Partly allowing the app­eal from Rani, wife of the deceased, Mariappan, and her two children, Ju­s­tice C.S. Karnan set as­ide the order of the de­p­u­ty commissioner of lab­o­ur, Coimbatore, denying compensation to them.

Petitioner’s counsel S. Saravanan submitted th­at on December 31, 2003, Mari­appan was engaged in concrete layer work from morning to evening. Thereafter, he was enga­ged to cut iron rods to be used on the site the same day. He developed chest pain and was taken to a hospital where the doctor declared him dead on arrival. The death had been caused by hard work carried out by him under Venkatam Const­ru­­ction Engineering, Coimbatore.

The company’s employees were insured with New Indian Assurance Company, he added. Accepting his submissions, the judge said the court was of the view that the deceased was engaged as a mason in construction work under Venkatam Construction company and the company had also not denied employment, but had only denied that the deceased was engaged to do work on December 31, 2003.

As per the nature of work, it was evident that the deceased had to use physical force to carry out the hard work and this had affected him, causing him to develop chest pain later the same day.

The death of Mar­iap­p­an cannot be termed as a nat­ural death and was caused only due to the nature of work carried out under the construction company. Therefore, it was evident that the employer-employee relationship prevailed bet­we­en the company and the deceased Mariappan.

“On considering the factual position of the case and arguments from both sides, this court is inclined to grant a compensation of Rs 3.41 lakh to the applicants. The insurance company is directed to pay the amount within four weeks, failing which the amount will carry 12 per cent interest per annum,” the judge added.