UNITED INDIA INSURANCE COMPANY LIMITED Vs. THIRUMATHI SARASWATHI

JUDGEMENT

(1.) The civil miscellaneous appeal is filed against the final award dated 28th October, 2016, (received on 20.03.2017) passed by the Commissioner for Employees Compensation (Deputy Commissioner of Labour I), Chennai in E.C.No.27 of 2015.

(2.) The substantial question of law raised in the present civil miscellaneous appeal is that whether the Deputy Commissioner of Labour is right in passing the award in favour of the married daughter and major sons which is directly in violation of Section 2(d) of the Employees Compensation Act. The second question of law raised is that the deceased cleaner is none other than the husband of the owner of the vehicle which met with an accident. While so, the claimants could not able to establish that their father was working as a cleaner with their mother in a vehicle owned by their mother. In view of the relationship, it is contended that the case itself is concocted for the purpose of unjust enrichment by getting compensation.

(3.) The claim petition was filed by the respondents 1 to 4 under Section 10(1) and 4-A of Workmen Compensation Act on the ground that the deceased Mr.Chandrasekaran @ Chandrasekar was working as a cleaner cum coolie for about five years under the fifth respondent and the fifth respondent is none other than the wife of the deceased Chandrasekaran.