MAHALAKSHMI Vs. KRISHNARAJ

JUDGEMENT

(1.) The Civil Miscellaneous Appeal has been filed challenging the award passed by the Deputy Commissioner of Labour-II, Chennai, in E.C.No.187 of 2017, dtd. 23/8/2018.

(2.) The appellants are the dependants of one Boominathan, who died in an accident on 24/4/2017, during the course of employment with the first respondent. The first appellant is the wife, the second appellant is the son and the third appellant is the mother of the deceased Boominathan. He was a lorry driver. On 24/4/2017, midnight at 00.20 hours, during the course of his employment near Chennai Koyambedu market, he sustained grievous injury and subsequently, he was admitted in KMC Government Hospital and succumbed to the injuries on 25/4/2017. The second respondent is the insurer of the lorry. The first respondent, who has employed the deceased, paid Rs.30,000.00 per month as monthly salary and also Rs.300.00 as daily allowance. Since the deceased has sustained employment injury and died, the claimants have come forward with the claim petition seeking compensation under the Employee's Compensation Act.

(3.) The first respondent/employer has not contested the claim. The second respondent/insurer disputed the manner in which the deceased sustained employment injury. The income, age of the deceased and the dependency of the claimants were also disputed.