NEW INDIA ASSURANCE COMPANY LIMITED Vs. LAKSHMI

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed against the award passed in W.C. No. 188 of 2006, dated 28.6.2006 on the file of the Workmen's Compensation Commissioner and Deputy Commissioner of Labour, Dindigul and to set aside the same.

(2.) HEARD the submissions made by the learned counsel for the appellant/Insurance Company and the learned counsel for the respondents and perused the materials available on record.

(3.) THE learned counsel for the appellant submitted that the alleged employer and employee are father and son and therefore there is no employer -employee relationship between the deceased and his father; but the Commissioner has failed to consider the said fact. The learned counsel further submitted that the Tractor -Trailer involved in the accident was used for non -agricultural purpose and hence as per the policy, the appellant/Insurance Company is not liable to pay compensation. Further the monthly income fixed for the deceased is also on higher side.