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2007 Supreme(Mad) 1488

S.MANIKUMAR
United India Insurance Company Limited, rep. by Divisional Manager – Appellant
Versus
V. Dharmarasu and Others – Respondent


Advocates Appeared:
V. R. Subramaniam, for Appellant.
V. Bharathidssan, for Respondent Nos. 1 and 2.

Judgment :

S. MANIKUMAR, J.

Aggrieved by the finding with regard to liability and quantum of compensation, the Insurance Company has preferred this appeal.

2. Brief facts leading to the appeal are as follows: On 28.9.1996 at 5. p.m., when first respondents son was giving directions to the lorry bearing Registration No. TN04-C-3589 owned by the fourth respondent and insured with the appellant-Insurance Company, placed his hands on the right side of the head light and at that time, a high tension electric wire came in contact with the right edge of the container carried in the lorry and due to electrocution, he was electrocuted. Immediately, he was taken to the Government Victoria Hospital, where he was declared as dead. In connection with the death, a case in UDR No. 15 of 1996 was registered at Byatarayanapura Police Station. Parents have claimed compensation of Rs. 3,00,000/- for the death of their son.

3. The appellant-Insurance Company resisted the claim petition and denied that the employment of the deceased Sivakumar as a cleaner. They contended that the alleged accident is within the premises of seventh respondent, viz., Mother Nature and sons and it is not in the public place


























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