(1.) THE appellant is the owner of a quarry at Kuppam Village, Nochikattur in Karur District. One Paramasivam, a quarry worker died, pursuant to an accident that arose out of and in the course of the employment at 4.00 p.m. on 26.08.2006. The respondents 1 and 2 herein, the legal heirs, namely, wife and mother of the deceased Paramasivam filed W.C.No.318 of 2006, on the file of the Commissioner of Labour, Dindigul(Deputy Commissioner of Labour, Dindigul), claiming compensation of Rs.5 lakhs, for the death of Paramasivam.
(2.) THE appellant resisted the claim on the ground that the deceased Paramasivam was not employed in his quarry and he was an out -sider and that he trespassed into the quarry to commit mischief. Two witnesses were examined on the side of the claimants and documents Ex.A1 to Ex.A5 were marked and on the side of the appellant, the appellant got himself examined and no documentary evidence was produced.
(3.) THE Commissioner for Workmen's Compensation(Deputy Commissioner of Labour, Dindigul) passed an order, dated 28.11.2008, holding that the deceased Paramasivam was an employee of the appellant and that he died in an accident that arose out of and in the course of employment. The Commissioner has directed the appellant to deposit the compensation of Rs.4,42,400/ - before the Tribunal, within a period of thirty days from the date of receipt of a copy of the order, failing which, the appellant is directed to pay interest at the rate of 12% from the date of accident till the date of deposit. Aggrieved by the same, the present appeal has been filed by the appellant.