UNITED INDIA INSURANCE CO LTD Vs. JAYAKODI

JUDGEMENT

(1.) THE appeal is filed by the insurance company under Section 23 of the Workmen's Compensation Act, 1923, against the award dated 14.09.2004 passed in W.C.No.568 of 2003 on the file of the Workmen Commissioner Court/Workmen Compensation Commissioner, Salem.

(2.) WHEN the appeal came up on 15.12.2004, this Court has admitted the same, on the following substantial questions of law. 1. Whether the Learned Commissioner is right in fixing the monthly income of the deceased at Rs.4,000/- in the absence of any evidence whatsoever and in such circumstances ought not the Learned Commissioner fixed the monthly income on the basis of the Minimum Wages Act? 2. Whether the Learned Commissioner is right in holding that there is an employer-employee relationship entirely relying on the pleadings of the 5th respondent herein especially when he has not adduced any oral evidence or produced any documents?

(3.) THE learned counsel appearing for the claimants submitted that the Deputy Commissioner for Labour has considered all the facts and circumstances of the case and awarded just, fair and reasonable compensation. THErefore, the award passed by the Deputy Commissioner for Labour is in accordance with law and the same should be confirmed.