INDIRARANI SURULIMANI Vs. COMM FOR WORKMEN COMPENSATION

JUDGEMENT

(1.) THIS appeal has been filed against the order of the Commissioner, Workmen's Compensation, Madurai dated July 7, 1981 made in W. C. Application No. 158 of 1979 whereunder the authority below awarded a compensation of Rs. 6,000/- to the second respondent herein on account of the death of her husband Thiru George (hereinafter referred to as 'the workman'.)

(2.) THE case of the second respondent before authority below was that her husband, the deceased workman, was employed by Thiru Surulimani who is the husband of the appellant as driver on a monthly wage of Rs. 200. 00. It has been further claimed that on 7/4/1974 when the workman was driving the car in question, it collided with a lorry and due to the said accident, both the workman as well as Surulimani, the employer, got injured. As a result of the same, the worker died on 9/4/1974 and the employer died on April 11, 1974. The applicant as the only dependant of the deceased workman claimed compensation of Rs. 8,000. 00.

(3.) THE appellant objected to the claim on the ground that the deceased workman was not employed by her husband, that the car belonged to one Chandrasekar Narayanasamy and that the second respondent could claim the compensation from the insurer. It was also contended by the appellant before the authority below that her husband travelled in the car just as a friend of the owner, that he was not the employer of the workman and that at any rate, the quantum of compensation was excessive. Since the car was not owned by her husband, it was her case that the deceased workman was not employed by her husband.