1. It is the case of the Respondents/Claimants that the deceased was employed by the Fifth Respondent herein, M. Far Constructions Private Limited, Chennai as a Coolie. On 13.4.2006, at about 10.30 hours, when he was unloading the sand bags from the fourth floor, he fell down through the gap in between the hoist unloading ramp and scaffolding pipe to the ground floor at the project site of “The Pacific City” at Chennai, under the sub contract of Mr. G. Appanna, who was engaged by the first opposite party. As a result, he sustained grievous injuries and was immediately rushed to Government General Hospital, Chennai for treatment. But he died on the same day.

2. A case was registered in T-4, Madhuravayal Police Station, Ambattur Taluk, Chennai vide FIR No.613 of 2006, dated 13.4.2006. Wife and children claimed compensation of `7,00,000/-. The Appellant/Insurance Company denied the manner of accident and its liability. It was further contended that the accident occurred purely due to the negligence of the deceased, that he did not wear safety gadgets like helmet and safety belt, disobeying the orders of his employer and the rules and conditions. It was further contended th