Manager, Reliance General Insurance Company Ltd. v. Kala @ Kalavathi
2017-09-01
J.NISHA BANU
body2017
DigiLaw.ai
JUDGMENT : 1. This Civil Miscellaneous Appeal has been filed by the appellant/Insurance Company against the order dated 06.03.2017 passed in E.C.No.43 of 2015 on the file of the Deputy Commissioner of Labour, Tiruchirapalli. 2. The facts of the case are as follows: It is a fatal accident took place on 11.09.2009 at 04.45 hours. At the time of accident, the deceased Balamurugan was working as a driver in Tata Sumo car bearing Registration No.TN-02-K-8943 owned by the first respondent, which was insured with the second respondent Insurance Company. When the deceased was nearing Tamil Nadu Electricity Board Power House, Samayapuram, and Chennai to Trichy bye-pass road, a Bus, 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 20 years at the time of accident and he was earning a sum of Rs.8,000/-p.m. The parents of the deceased filed a petition in E.C.No.43 of 2015, 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 therefore, the respondents are not liable to pay compensation to the claimants. 4. Before the Commissioner of Workmen Compensation (Deputy Commissioner of Labour), Trichirappalli, on the side of the claimant, the mother of the deceased was examined as P.W. 1 and ten documents viz., Exs.P.1 to P.10 were marked and on the side of the respondents, one witness viz., R.W.1 was examined and two documents viz., Exs.R.1 to R.2 were 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 Rs.4,50,500/- on behalf of the first respondent as per the following formula: Compensation payable =Rs.50/100x4000x224.00 =Rs.4,48,000/- For funeral expenses =Rs.2,500/- Total =Rs.4,50,500/- Against which, the appellant/Insurance Company has filed this present appeal. 6.
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 there is an employer employee relationship between the deceased and the first respondent at the time of accident under the provisions of Workmen's Compensation Act? or not? ” 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 claimants. 8. Heard the learned Counsel for the appellant and perused the materials available on record. 9. At this juncture, it is relevant to extract the appropriate portion of finding of the Commissioner of Workmen Compensation (Deputy Commissioner of Labour), Trichirappalli which is as follows: ANY OTHER LANGUAGE 10. 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 first 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 Question of Law is answered accordingly. 11. In the result, this Civil Miscellaneous Appeal is dismissed and the award made in E.C.No.43 of 2015, dated 06.03.2017, on the file of the Commissioner for Workmen's Compensation, (Deputy Commissioner of Labour), Trichirappalli is hereby confirmed. The respondents 1 and 2/claimants are entitled to withdraw the entire amount deposited before the Commissioner for Workmen's Compensation, (Deputy Commissioner of Labour), Trichirappalli to the credit of E.C.No.43 of 2015. No Costs. Consequently, connected Miscellaneous Petition is closed.