This Civil Miscellaneous Appeal has been filed by the appellant/ Oriental Insurance Company Limited against the award made in W.C.No.163 of 2011, dated 09.04.2012, on the file of the Commissioner for Workmen's Compensation, (Deputy Commissioner of Labour), Trichirappalli.
2. The facts of the case are as follows:
It is a fatal accident took place on 12.06.2011. At the time of accident, the deceased Senthilkumar was working as a driver in a car owned by the first respondent, which was insured with the second respondent Insurance Company. When the deceased was nearing VOC Nagar, Sirkali to Chidambaram bye- pass road, a lorry, which came from the opposite direction in a rash and negligent manner, dashed against the deceased and the deceased died on the spot. The deceased was aged about 29 years at the time of accident and he was earning a sum of Rs.8,000/-p.m. The mother of the deceased filed a petition in W.C.No.163 of 2011, before the Commissioner for Workmen's Compensation, (Deputy Commissioner of Labour), Trichirappalli by stating that the accident had occurred during the course of his employment and hence, he is an employee under the provision of Workmen Compensation Act.
3. In the counter affidavit filed by the second respondent Insurance Company, it is stated that there was no employer employee relationship between the first respondent and the deceased and the accident and the death not occurred during the course of employment of the deceased under the first respondent and therefore, the respondents are not liable to pay compensation to the claimant.
4. Before the Commissioner of Workmen Compensation (Deputy Commissioner of Labour), Trichirappalli, on the side of the claimant, two witnesses as P.W.s 1 and 2 were examined and six documents viz., Exs.P.1 to P.6 were marked and on the side of the respondent, one witness viz., R.W.1 was examined and no document was marked.
5. The Workmen's Compensation Commissioner, after discussing the evidence and documents on record, reached the conclusion that the accident was occurred at the time of employment and hence, the second respondent Insurance Company is liable to pay the compensation of 6,82,834/- on behalf of the first respondent as per the following formula:
Against which, the appellant/Insurance Company has filed this present appeal.
6. In this Civil Miscellaneous Appeal, though so many substantial questions of law have been raised, the learned Counsel for the appellant/Insurance Company has raised his contention only regarding the following Substantial Question of Law:
?Whether the deceased was a ?Workmen? and the accident in question has ?arisen in the course of employment? under the provisions of Workmen's Compensation Act??
7. The learned Counsel for the appellant/Insurance Company submitted that there was no employer employee relationship between the first respondent and the deceased and the accident and the death not occurred during the course of employment of the deceased under the first respondent and therefore, the respondents are not liable to pay compensation to the claimant.
8. The learned counsel first respondent/claimant disputed the said contention and he would draw the attention of this Court to the award passed by the Commissioner of Workmen Compensation (Deputy Commissioner of Labour), Trichirappalli, wherein the Commissioner of Workmen Compensation (Deputy Commissioner of Labour), Trichirappalli has found as follows:
(k.rh.M.1) ehfg;gl;bzk; khtl;lk; rPh;fhop fhty; epiyaj;jpy; gjpT nra;ag;gl;l Kjy; jfty; mwpf;if vz;.375/11 ehs; 12.6.11-d; gb l;b.vz;.68-5271 vd;w ,z;bfh fhhpy; Xl;Leuhf Ntiy ghh;j;J te;j mofh;rhkp kfd; nre;jpy;Fkhh; thliff;F jpU.g+ghyd; vd;gtUf;fhf 12.6.11 mjpfhiy 2.00 kzpastpy; rpjk;guk; - kapyhLJiw Gwtopr;rhiyapy; nrd;w nghOJ vjpNu te;j lhu]; yhhp Nkhjp tpgj;Njw;gl;lJ vd;Wk; ,jpy; thfdj;jpy; Xl;Leh; cl;gl %d;Wegh;fs; rk;gt ,lj;jpNyNa ,we;J tpl;ljhfTk; njhptpf;fg; gl;Ls;sJ. NkYk; (k.rh.M.2) gpNujg;ghpNrhjid mwpf;if jhf;fy; nra;ag;gl;Ls;sJ. NkYk; thJiuapy; ,uz;lhk; vjph;kDjhuh; thfd tpgj;J gw;wpNah mjpy; Xl;Leh; ,we;j tpguk; gw;wpNah kWj;J fUj;J vJTk; njhptpf;ftpy;iy. vdNt jhf;fy; nra;ag;gl;Ls;s rhd;whtzq;fs; kw;Wk; rhl;rpaq;fspd; mbg;gilapy; ,we;jth; Kjyhk; vjph;kDjhuUf;F nrhe;jkhd thfdj;jpy; gzpGhpAk; NghJ Vw;gl;l gzpapil tpgj;jpy; fhakile;J ,we;jhh; vd jPh;khdpf;fpNwd;.
9. Based on the above finding, the learned counsel for the first respondent/ claimant submitted that the award passed by the the Commissioner of Workmen Compensation (Deputy Commissioner of Labour), Trichirappalli deserves no interference and hence, this appeal has to be dismissed.
10. Heard the learned counsel appearing on both sides and perused the materials available on record.
11. A perusal of the award passed by the Commissioner of Workmen Compensation (Deputy Commissioner of Labour), Trichirappalli clearly shows that the Deputy Commissioner of Labour has discussed in detail and found that at the time of accident, the deceased was working as a driver under the second respondent herein and the death had occurred during the course of employment and hence, the appellant Insurance Company has to pay the compensation and the same does not require interference at the hands of this Court. The Substantial Questions of Law is answered accordingly.
12. In the result, this Civil Miscellaneous Appeal is dismissed and the award made in W.C.No.163 of 2011, dated 09.04.2012, on the file of the Commissioner for Workmen's Compensation, (Deputy Commissioner of Labour), Trichirappalli. The first respondent/claimant is entitled to withdraw the entire amount deposited before the Commissioner for Workmen's Compensation, (Deputy Commissioner of Labour), Trichirappalli to the credit of W.C.No.163 of 2011. No Costs. Consequently, connected Miscellaneous Petition is closed.
To
1.The Commissioner for Workmen's Compensation, (Deputy Commissioner of Labour), Trichirappalli.
2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai.
vOtpdh-1 (k.rh.M.1) ehfg;gl;bzk; khtl;lk; rPh;fhop fhty; epiyaj;jpy; gjpT nra;ag;gl;l Kjy; jfty; mwpf;if vz;.375/11 ehs; 12.6.11-d; gb l;b.vz;.68-5271 vd;w ,z;bfh fhhpy; Xl;Leuhf Ntiy ghh;j;J te;j mofh;rhkp kfd; nre;jpy;Fkhh; thliff;F jpU.g+ghyd; vd;gtUf;fhf 12.6.11 mjpfhiy 2.00 kzpastpy; rpjk;guk; - kapyhLJiw Gwtopr;rhiyapy; nrd;w nghOJ vjpNu te;j lhu]; yhhp Nkhjp tpgj;Njw;gl;lJ vd;Wk; ,jpy; thfdj;jpy; Xl;Leh; cl;gl %d;W egh;fs; rk;gt ,lj;jpNyNa ,we;Jtpl;ljhfTk; njhptpf;fg;gl;Ls;sJ. NkYk; (k.rh.M.2) gpNujg;ghpNrhjid mwpf;if jhf;fy; nra;ag;gl;Ls;sJ. NkYk; thJiuapy; ,uz;lhk; vjph;kDjhuh; thfd tpgj;J gw;wpNah mjpy; Xl;Leh; ,we;j tpguk; gw;wpNah kWj;J fUj;J vJTk; njhptpf;ftpy;iy. vdNt jhf;fy; nra;ag;gl;Ls;s rhd;whtzq;fs; kw;Wk; rhl;rpaq;fspd; mbg;gilapy; ,we;jth; Kjyhk; vjph;kDjhuUf;F nrhe;jkhd thfdj;jpy; gzpGhpAk; NghJ Vw;gl;l gzpapil tpgj;jpy; fhakile;J ,we;jhh; vd jPh;khdpf;fpNwd;.
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