SUPERINTENDING ENGINEER Vs. PAVUNAMMAL

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal has been filed by the Superintending Engineer, Cuddalore, Electricity Distribution Circle, Tamil Nadu Electricity Board, Cuddalore and the Assistant Engineer, Rural/north, Tamil Nadu Electricity Board, Virudhachalam who were the opposite parties before the Commissioner for Workmens Compensation-II, Chennai 600 006 (hereinafter referred to as "the Commissioner") questioning the compensation awarded in W. C. No. 105 of 1997 dated 31. 12. 1997 in respect of death of one Karunanidhi in an accident arising out of and in the course of his employment on 16. 12. 1996 under the appellants herein.

(2.) THE respondents herein who are the wife, sons and daughters of the deceased Karunanidhi have filed W. C. No. 105 of 1997 claiming compensation of Rs. 1,47,795/ -. In support of their claim, the first respondent herself who was the first applicant before the Commissioner was examined as A. W. 1 and one Palanivel was examined as A. W. 2 besides marking Exs. A1 to A4. On the side of the respondents who are the appellants herein, one S. Balasubramani, Assistant Engineer of the Tamil Nadu Electricity Board, Virudhachalam Branch was examined as R. W. 1 and no document was marked on their defence.

(3.) THE said Claim Petition was resisted by the appellants herein before the Commissioner stating that the deceased was not a workman as defined under the Workmens Compensation Act, 1923 (hereinafter referred to as "the Act" ). The Commissioner, after considering the oral and documentary evidence and after holding that the deceased Karunanidhi was employed by the opposite parties/appellants herein and that he met with an accident arising out of and in the course of his employment on 16. 12. 1996, allowed the petition by awarding a compensation of Rs. 1,47,795/ -. Aggrieved by the said order, the appellants herein have preferred the present appeal.