J PAZHANI Vs. SUBRAYAPILLAI

JUDGEMENT

(1.) The above appeal has been preferred challenging the order of the Commissioner of Workmens Compensation and Deputy Commissioner of Labour, Pondicherry, dated 23.7.2001 made in W.C. No. 21 of 1997.

(2.) Heard Mr. R. Sivakumar, learned counsel appearing for the appellants and Mr. A. Senthilnarayanan, learned counsel appearing for respondents. The respondents instituted W.C. No. 21 of 1997 on the file of the Additional Commissioner for Workmens Compensation, Pondicherry claiming a compensation under section 10 (1) of the Workmens Compensation Act, 1923, against the appellants herein for the death of their son employed by the appellant No. 1 herein in respect of the accident arising out of and in the course of employment as a cleaner under the appellant No.1. The claim has been made by the dependants of the deceased employee. The respondents claimed Rs. 3,00,000 as compensation while alleging that the vehicle belonging to the appellant No. 1 herein insured with the appellant No. 2 and they are liable to pay compensation for the personal injuries sustained by the deceased Ezhumalai who died due to the accident on 4.8.1996 arising out of and in the course of employment as a cleaner in the vehicle PY 01-A 7353. The deceased was just 20 years at the time of accident and he was earning Rs. 3,000 per month according to the respondents.

(3.) The appellant No. 2 herein denied the terms of employment and conditions of employment as well as the entire claim including the very accident itself and sustaining of injuries in the course of employment by the deceased Ezhumalai and his succumbing to injuries. Commissioner for Workmens Compensation framed the following three points for consideration: (i) Whether the appellant is a workman as per the definition in the Act and was working under the opposite party No. 1 at the time of accident? (ii) Whether the accident took place out of and in the course of employment and the injury sustained is due to accident? (iii) Who is liable to pay compensation and what is the quantum of compensation?