MANAGING DIRECTOR HIGHLAND PARADE RESORT HIGHLAND HOLIDAY HOMES PVT LTD KODAIKANAL TALUK Vs. SUBBULAKSHMI

JUDGEMENT

(1.) THE appeal is filed by the employer against the award of compensation of Rs. 1,53,090/- with interest at 12% p.a. in favour of the wife, son and daughter of one Shanmugam, who died on January 22, 1999 due to heart attack, while he was in night duty as Watchman at Highland Parade Holiday Resort at Kodaikanal. THE claimants 1 to 3 have filed the claim petition before the Commissioner of Workmen's Compensation cum Deputy Commissioner of Labour, Dindigul, against the Manager, Highland Parade Resort, Kodaikanal, on the ground that the deceased was employed as night watchman in the respondent's holiday resort from 1996 onwards and he has been continuously on work during night hours in chill climatic condition during the month in question, as a result, he had heart attack and died inside the resort while on duty and as death is out of and in the course of employment, the respondent/employer is liable to pay compensation to the claimants.

(2.) THE respondent has, in para.5 of the written statement of objection filed by them, admitted that the deceased was employed in their holiday resort, but further stated that he was employed by Asian Security Services on the strength of an agreement between the respondent and the Security Services and the agreement lapsed on during December 1998 i.e. before the occurrence date and the respondent has not employed him on his own and is not answerable for the claim of the petitioners.

(3.) THE respondent has in his memorandum of grounds raised two substantial questions of law and this appeal is admitted on the same substantial questions of law which are as follows;