DR. MANOKARAN Vs. K. KRISHNAVENI

JUDGEMENT

(1.) The award dated 12.11.2018 passed in W.C.No.562 of 2010 is under challenge in the present Civil Miscellaneous Appeal.

(2.) The employers are the appellants. The respondents/claimants filed an application under the Workmen Compensation Act seeking compensation on the ground that the first and the second respondent's son/deceased K.Jagan, who was aged about 21 years came over to Chennai during his college vacation in the month of May 2010 and he was engaged by the appellants for construction works, more specifically, renovation works in the building belongs to the first appellant/Dr.Manokaran who is the owner of the premises at No.5, Sankara Street, Perungalathur, Chennai-600 063 on 07.05.2010 at about 9.30 a.m.. When the deceased was performing his duties, the 5 th respondent/Daniel called the deceased and he came down from the building and while coming down through Sara Kattai, the wooden planted for construction work broken and he fell down and sustained grievous injuries in his head and multiple injuries all over the body. He was admitted in the Deepam Hospital at Tambaram(West) Chennai. Thereafter, he re-admitted to the Government General Hospital at Chennai on 11.05.2010. Unfortunately, the young person died on 18.05.2010 at about 6.45 p.m. at Government General Hospital. The respondents 1 and 2/parents of the deceased are illiterate. On guidance, they filed a claim petition seeking compensation. The Joint Commissioner of Labour adjudicated the issues with reference to the documents and evidences and passed an award granting compensation along with interest at the rate of 12% per annum.

(3.) The substantial question of law as raised in the appeal reads as under: