The Civil Miscellaneous Appeal is filed against the order dated 29.03.2010 made in WC.No.7 of 2009 on the file of the Deputy Commissioner of Labour, Coonoor.
2. The learned counsel for the appellants/Electricity Board stated that the respondents/claimants are the legal heirs of the deceased Rajasekaran, who was employed as contract labourer in the Tamil Nadu Electricity Board, The Nilgiris. On 12.03.2006 at 7.30pm the deceased was travelling in the lorry bearing Registration No.TNC 7491, carrying the cement pillar blocks that belong to the Electricity Board. The driver of the lorry had driven the vehicle in a rash and negligent manner, due to which the said lorry was collapsed near Vasan tea estate, and the said Rajasekaran was died on the spot. Hence, the claimants/legal heirs of the deceased filed claim petition under Workmen Compensation Act. The Tribunal after hearing the arguments of both sides, passed an award of Rs.4,10,200/- to the claimants. Aggrieved against the said award the appellant/Electricity Board preferred the present appeal before this Court.
3. Heard the learned counsel for the appellant. Though notice was served on the respondents, there is no representation on behalf of the respondent either in person or through the learned counsel on record.
4. The learned counsel for the appellant mainly contended that the deceased was not a workman at the relevant point of time.
However, without any basis the Tribunal has arrived the income of the deceased and fixed the monthly income at Rs.4,000/-p.m. and also his age 32years and erroneously passed the awarded.
5. On perusal of entire records, the Tribunal has spoken about the FIR and it is useful to extract the relevant paragraph which reads as follows :-
"krhM?1 Kjy; jfty; mwpf;ifapy; ////// g[jd;fpHik md;dpf;F fPH nfhj;jfphpapy; ngha; fbud;l; MgP!py; MgP!h; fpl;l ehDk; uhkre;jpuDk; ngha; nfhl;nlhk; mg;g mtU fpspg;gpapy; ,Uf;fpw cz;zpjhd; mJf;bfhy;yhk; bghWg;g[ ehd;
mtUfpl;l brhy;ypapUf;fpnwd;. me;j ngh!;bly;yhk; c';f CUf;F Vjjpfpl;L nghf xU tz;o fpilr;rh nghJk;. ehd; brhd;djh cz;zpfpl;l ngha; brhy;Y';fd;D brhd;dhU vd; thf;FK:yk; gjpag;gl;Ls;sJ/ krhM?2 (Inspection report of Motor Vehicles involved in accident)?y.
Sl.No.6: Name of the Address of Driver: Mr.M.Chandran vd;Wk;. Sl.No.3. Date time and place of accident 12.03.2006 at 19.30 hours at Semmanarai vd;Wk;. tz;o vz;. TNC 7491 vd;Wk; Fwpg;gplg;gl;Ls;sJ/ vdnt. ,we;J nghd jpU/uh$nrfud; (v) cz;zp. Kjyhk; vjph;kDjhuh; mwpt[iuapd;go. rpbkd;l; fkg; ';fis TNC 7491 vd;w jdpahh; yhhpapy; Vw;wpr; brhy;Yk; nghJ rpbkd;l; fk;g';fs; mth; nky; tpGe;jnj mtuJ ,wg;g[f;F fhuzkhfpa[;ssJ/ Mfnt jpU/uh$nrfud; gzpapd; nghJ gzpapd; fhuzkhf Vw;gl;l tpgj;jpdhy; ,we;Js;shh; vd Kot[ bra;fpnwd;/"
6. On a reading of the above paragraph, and the FIR, it is clear that the deceased in the course of his employment met with the accident, and hence, the appellants are liable to pay the compensation to the legal heirs of the deceased.
7. The Tribunal after considering the documentary evidence has correctly fixed the salary of the deceased at Rs.6,000/-p.m. and has taken up Rs.4,000/-p.m. for payment of compensation to the claimants and at the time of accident, the deceased was aged about 32years and has calculated the compensation to the tune of Rs.4,07,700/- towards loss of income and for funeral expenses awarded a sum of Rs.2,500/- totaling to a sum of Rs.4,10,200/-.
8. This Court, finds is no illegality, infirmity or perversity in the order passed by the Tribunal, which do not warrant any interference by this Court. Since, the Tribunal has fixed the appropriate compensation to the claimants, this Court finds there is no merit in the appeal filed by the appellants/Electricity Board and the appeal deserves to be dismissed.
9. In the result, the civil miscellaneous appeal is dismissed, by confirming the order dated 29.03.2010 passed by the Deputy Commissioner of Labour, Coonoor in WC.No.7 of 2009. Consequently, connected miscellaneous petition is closed. No costs.
16.03.2017.
Index : Yes/No Internet : Yes/No tsh To The Deputy Commissioner of Labour, Coonoor.
G.CHOCKALINGAM, J.
tsh CMA.No.1196 of 2011.
16.03.2017.
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