K. SIVARAMAN Vs. P. SATHISHKUMAR

JUDGEMENT

(1.) This appeal arises from a judgment of a Division Bench of the Madurai Bench of the Madras High Court dated 1 June 2017. In an appeal arising from a decision of the Deputy Commissioner for Employee's Compensation, the High Court enhanced the compensation payable under the Employee's Compensation Act 1923 from Rs 4,33,060 to Rs 8,86,120. The High Court has awarded interest at the rate of 12% per annum from the date of the accident.

(2.) In the present proceedings which have been instituted under Article 136 of the Constitution, notice was issued on 26 July 2019. Since the appellants were represented by the first appellant in person, this Court, by its order dated 26 July 2019, directed that an amicus curiae be nominated by the Supreme Court Legal Services Committee. Accordingly, Mr S Mahendran, learned counsel, has been nominated as the amicus curiae, whom we have heard in support of the appeal.

(3.) The appellants are the father, mother, sister and brother of Dinesh Kumar, who died in the course of an accident on 31 January 2008. On the date of the incident, the deceased was 26 years of age and was engaged as a driver of a trailor lorry. While the vehicle was being driven on NH 12 in Kota, Rajasthan, a truck bearing registration No MH 19 Z 1696 came from the opposite direction and dashed against the trailor, resulting in the death of Dinesh Kumar. At the time of the accident, the deceased was in the employment of the first respondent. A claim under the 1923 Act was lodged before the Deputy Commissioner for Employee's Compensation, Madurai on 29 April 2013. On 26 March 2014, the claim was allowed by an award in the amount of Rs 4 ,33,060. The Deputy Commissioner had proceeded ex parte. The appellants filed an appeal2 before the Madras High Court for enhancement of the compensation.