NEW INDIA ASSURANCE COMPANY LTD Vs. C. TAMILVANAN

JUDGEMENT

(1.) Heard learned counsel for the appellant through video conferencing due to the Covid-19 pandemic.

(2.) The New India Assurance Company Limited, Namakkal, aggrieved by the impugned order dated 14.2.2020 passed in E.C.No.232 of 2017 by the learned Deputy Commissioner of Labour, Coonoor, has filed this civil miscellaneous appeal.

(3.) Learned counsel appearing for the appellant/Insurance Company pleaded that the impugned order passed by the learned Deputy Commissioner of Labour is contrary to law, against the evidence and facts of the case. Moreover, when the policy issued to the second respondent's vehicle is a special policy for special vehicle, namely, Crane, which has a seating capacity for only one person and no cleaner is required or covered, the Deputy Commissioner of Labour failed to see that on the date of accident, the victim was only a minor and his employment was prohibited. Secondly, when there was no master-servant relationship between the second respondent and the injured claimant, the Deputy Commissioner of Labour ought not to have entertained the claim petition, as the master-servant relationship has not been established. Thirdly, the policy also has not covered the cleaner, as it is a special policy for special vehicle like Crane, which has a seating capacity for only one person and admittedly, the first respondent/Injured was only a cleaner. Arguing further, learned counsel for the appellant submitted that the injuries sustained by the first respondent, as per the First Information Report, are shown to be on the left foot which are not grave in nature, whereas the discharge summary states that the injuries are on the right leg, that indicates the non application of mind. Further, the finding of the Deputy Commissioner of Labour that premium was collected for cleaner is apparently wrong, for the reason that it is a third party policy and no premium has been collected for the cleaner at all. Therefore, the order passed by the Deputy Commissioner of Labour fixing the liability on the appellant/Insurance Company to pay the compensation is without any legal force and it is liable to be set aside.