JUDGMENT

(Prayer: Civil Miscellaneous Appeal filed under Section 30 of Workmen Compensation Act 1923, to set aside the award passed in W.C.No.36 of 2012 on the file of the Labour Deputy Commissioner Court, Workmen Compensation, Tirunelveli dated 08.08.2016 and allow this appeal.)

1. The appeal has been filed by the insurance company challenging the award passed by the Deputy Commissioner of Labour Cum Authority under the Workmen Compensation Act, Tirunelveli in W.C.No.36 of 2012 on the ground of liability.

2. The parents of the deceased minor boy had filed a claim petition contending that the deceased was employed with the first respondent tractor owner and while he was in employment as a loadman, he had died. Hence, they have prayed for a compensation of Rs.4,57,080/-.

3. The owner of the tractor cum trailer had remained exparte and the insurance company had filed a counter and contended as follows:

(i). The tractor alone is insured with the second respondent insurance company under ''Miscellaneous Vehicles Package Policy Act'' and it was insured for the purpose of agricultural activities.

(ii). Except the driver of the tractor and personal accident coverage