1. The above appeal has been filed by the appellant / The New India Assurance Company Limited, against the order dated 07.12.2009, made in W.C.Case No.97 of 2007, on the file of Court of Commissioner for Workmen's Compensation-2 (Deputy Commissioner of Labour-2), Chennai – 6.

2. The short facts of the case are as follows:

The (deceased) Sekar was working as a labourer under the first opposite party engaged in laying of road from Paruvakudi to Kovilpatti at Tiruvengadam, Tirunelveli District. On 9.4.2005, while the deceased was returning from the work spot to his Cottage residence, which was provided by the first opposite party at Sangupattivilakku nearby the work spot, an unknown vehicle came in a negligent manner and hit against the deceased Sekar. In the above said accident the deceased Sekar sustained multiple fractures. The applicants submit that immediately afterwards the deceased Sekar was given first aid at Kovilpatti Government Hospital, but he died there on 10.04.2005. The applicants submit that the deceased Sekar was 28 years at the time of accident and he died leaving behind the applicants as his surviving legal heirs. The first opposite party took the workman