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MADRAS HIGH COURT
A, J
United India Insurance Co. Ltd. v. Padmini and Another
| Table of Content |
|---|
| 1. establishing employment context and initial facts (Para 1 , 2 , 3) |
| 2. disputes regarding causation of death and liability (Para 4 , 9 , 10) |
| 3. court's assessment on the relationship between employment and injury (Para 8 , 13 , 19 , 22) |
| 4. legal precedents establishing causation in similar cases (Para 11 , 12 , 17 , 21) |
| 5. final judgment confirming liability and award (Para 18 , 23) |
1. Challenge in this Civil Miscellaneous Appeal is to the finding fastening liability on the appellant Insurance company to pay compensation of Rs.1,32,121/- for the death of one Mr.Prahaladan, a Night Watchman in Devarshola Estate, Thasishola Plantation Pvt. Ltd., Devarshola, Nilgiris District.
2. As per the claim in W.C.No.3 of 2008, made by the wife, the deceased was employed as a Night Watcher in Devarshola Estate, Coonur, Nilgiris District. On 12.03.2007, when he was engaged in his duty, he fell down from a vulnerable post. He sustained injuries. Besides, there was shock. Though, he was provided with first aid and treated in Estate Garden hospital and thereafter, rushed to Sultan Battery MES Hospital, about 25 kms away from the Estate, he died. The certificate issued by the hospital in
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