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2018 DIGILAW 3134 (MAD)

ORIENTAL INSURANCE COMPANY LIMITED v. TMT ANITHAKUMARI

2018-09-20

V.M.VELUMANI

body2018
JUDGMENT V.M. VELUMANI, J. 1. This Civil Miscellaneous Appeal has been filed against the order passed in W.C.No.68 of 2008, dated 30.03.2012, on the file of the Deputy Commissioner for Workmen's Compensation, Tirunelveli. 2. The appellant is the second respondent in W.C.No.68 of 2008. The respondents 1 to 4 herein have filed the above W.C. contending that on 29.01.2008 at 10.00 hours, one Subramanian, the husband of the first respondent and father of the respondents 2 to 4 was working as a Labourer under the fifth respondent. During the course of employment, while the deceased was walking in South Bye-pass Road, near Railway Over Bridge, to change the scar valve in the BSNL Bus Stop, a Motorcycle bearing Registration No.TN-67-S-8914 dashed against the deceased, in which, the deceased sustained grievous injuries all over the body and was taken to a hospital for treatment. Despite intensive treatment, he died on 04.02.2008 in the hospital. The respondents 1 to 4, who are the legal heirs and dependants of the deceased, claimed compensation of Rs. 3,94,120/-. 3. The appellant Insurance Company/Insurer of the fifth respondent/employer filed counter contending that the deceased did not die during and in the course of employment under the fifth respondent. 4. The Deputy Commissioner of Labour, Tirunelveli, considering the pleadings and evidence adduced on either side, held that the deceased died during and in the course of employment under the fifth respondent and awarded compensation of Rs. 3,31,730/-. 5. Aggrieved by the same, the Insurance Company has filed this appeal. 6. This Court, by order dated 22.04.2014, admitted the Civil Miscellaneous Appeal on the following substantial questions of law:- ''1. Whether the Award of Rs. 3,31,730/- fixed by the learned Commissioner for Workmen's compensation is just and proper and not exaggerated? 2. Whether the deceased was a ''Workman'' and the accident in question has ''arisen in the course of employment'' under the provision of Workmen's Compensation Act? 3. Whether in this case a jurisdictional question will involve a substantial question of law and a finding of fact arrived at without there being any evidence would also give rise to a substantial question of law?'' 7. I have heard the learned counsel appearing for the parties and perused the materials available on record. 8. 3. Whether in this case a jurisdictional question will involve a substantial question of law and a finding of fact arrived at without there being any evidence would also give rise to a substantial question of law?'' 7. I have heard the learned counsel appearing for the parties and perused the materials available on record. 8. Though the learned counsel for the appellant made submissions contending that at the time of accident, the deceased was not working under the fifth respondent/employer, it is seen from the records that during his examination, the fifth respondent himself has categorically admitted that the deceased died during and in the course of employment under him. Therefore, the contention of the appellant that the deceased was not working under the fifth respondent was repelled by the Deputy Commissioner of Labour. Hence, the finding of the Deputy Commissioner of Labour that the deceased died during and in the course of employment under the fifth respondent cannot be said to be perverse warranting interference by this Court. 9. On the quantum of compensation, the Deputy Commissioner of Labour relying upon Ex.R.1, has fixed the monthly income of the deceased at Rs. 3,500/- and computed the compensation at Rs. 3,31,730/- as per the formula provided under the Workmen's Compensation Act and directed the appellant to pay the said amount to the respondents 1 to 4/claimants, which is just and reasonable. Therefore, this Court is not inclined to interfere with the award of the Deputy Commissioner of Labour. Accordingly, the substantial questions of law are answered against the appellant. 10. In the result, this Civil Miscellaneous Appeal is dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.