NATIONAL INSURANCE CO LTD Vs. SIVARAMAN

JUDGEMENT

(1.) THE above Civil Miscellaneous Appeal has been filed by the appellant/second respondent against the Award and Decree, dated 18.10.2007, made in W.C.No.334 of 2004, on the file of the Commissioner for Workmen's Compensation/Deputy Commissioner of Labour-II, Chennai-6, awarding a compensation of Rs.1,12,309/-.

(2.) AGGRIEVED by the said Award and Decree, the appellant/second respondent, the National Insurance Co., Ltd., Cuddalore, has filed the above appeal praying to set aside the award and decree passed by the Deputy Commissioner of Labour-II, Chennai.

(3.) THE first respondent, in his Counter has resisted the claim stating that the petitioner was not an employee under them and that there is no employer-employee relationship between them and that the petitioner was only an employee under one Durai Maistry and that the said Durai Maistry had insured the employees working under him with the second respondent company, namely National Insurance Company Ltd., Cuddalore, under Police No.501503/42/03/8200100. Further, the first respondent has not admitted the age, occupation and income of the petitioner, as alleged in the claim and has also submitted that the claim is excessive and has prayed for dismissal of the claim petition.