UNITED INDIA INSURANCE CO. LTD. Vs. NEELA

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed as against the order dated 31.03.2009 passed in W.C. Case No. 39 of 2007 on the file of the Deputy Commissioner for Labour -II, Chennai (for short ''the Deputy Commissioner for Labour '').

(2.) THE Claim Petition in the above said case was filed by the First Respondent herein, seeking Compensation under the Workmen 's Compensation Act for the injuries sustained by her in the accident which took place on 04.09.2002, in her capacity as a Worker under the Second Respondent herein.

(3.) THE only grievance of the Appellant -Insurance Company before this Court is that the First Respondent herein is not a Workman of the Second Respondent herein, consequently, the provisions of the Workmen 's Compensation Act, cannot be applied to the facts of this case. In support of this contention, the learned Counsel for the Appellant - Insurance Company has relied on Ex.R.3, Investigation Report and based on the said document, according to him, the vehicle involved in the accident is TATA 407 -TN -21 -D -0463 and as per the Letter dated 'nil ' attached to the said Investigation Report, alleged to have been given by the Second Respondent herein, the First Respondent/Claimant is not his worker, consequently, when the First Respondent/Claimant is not a worker under the Second Respondent, she is not entitled for any benefit under the Workmen 's Compensation Act.