Insurance company told to pay compensation to mason's family
High Court awards Rs 3.41 lakh to mason's family who died while doing work at a site.
By : j. stalin
Update: 2013-11-16 12:54 GMT
Chennai: Coming to the rescue of the family members of a mason who developed chest pain while doing hard work at a site and died, the Madras high court directed the New India Assurance Company, with whom his contractor had insured his employees, to pay Rs 3.41 lakh as compensation to them.
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.