USHARANI Vs. VEMURI AMARNATH

JUDGEMENT

(1.) The Instant Appeal has been filed seeking enhancement of Compensation awarded by the Joint Commissioner of Labour-II, Chennai in E.C. No.358 of 2015.

(2.) The Appellants filed the Claim Petition before the Joint Commissioner stating that the deceased was working as a Driver under the 1st Respondent herein; that on 5/5/2015 at about 10.00 a.m., when he was driving the Car belonging to the 1st Respondent, the Car capsized while attempting to avoid the Lorry coming on the opposite side, as a result of which, the deceased sustained fatal injuries; and that the 1st Respondent as Employer and the 2nd Respondent being the Insurer are liable to pay Compensation.

(3.) The 1st Respondent remained ex parte before the Tribunal. The 2nd Respondent submitted that the Appellants have to prove that the deceased was employed under the 1st Respondent; that he was earning Rs.25,000.00 per month; that the accident had taken place in the manner alleged by the Appellants; and that in any case, the Compensation claimed was excessive.