The court set aside the order of Deputy Commissioner of Labour, Coimbatore, which had dismissed the family's claims for compensation. "As per the nature of work, it is evident that the victim had to use physical force to carry out the hard work and this had affected him, causing him to develop chest pain," Justice C S Karnan said, allowing a civil miscellaneous petition by the man's wife and children.
The Judge also said that the court was of the view that the death cannot be termed as natural death and was caused only due to the nature of work carried out in the company. The victim, Mariappan, was working as a mason with a construction firm in Coimbatore. On December 31, he developed chest pain while cutting iron rods and died en route to hospital.
The family filed an application before the Deputy Commissioner of Labour seeking compensation. The company submitted he had left the spot after work, consumed alcohol and come to the room of a person late that night, where he developed chest pain, resulting in his death. The company contended that the mason's death was due to heart attack.
The Insurance company in its counter submitted that the deceased was a casual employee and not insured under a policy. The labour department dismissed the family's claims after hearing both sides. The Judge said it is evident that an employer-employee relationship existed between the company and the deceased and awarded the family Rs 3,41,245 as compensation.
The court directed the insurance Company to pay the amount within four weeks.