G T P GRANITE LTD Vs. SATHYA

JUDGEMENT

(1.) THE employer, appellant challenges the order of the Commissioner for Workmen's compensation, (Deputy Commissioner for workmen's Compensation), Salem has filed the above CMA.

(2.) THE brief facts as stated in the Claim petition is as follows: one Venkatachalam aged about 31 years, was employed by the appellant as helper. On february 6,1999, the deceased-Venkatachalam was proceeding from his house located at thekkampatty village to the appellant's Granite unit No. II to attend the night shift work from 11 p. m. to 7. a. m. While he was walking near the karumbalai privu bus stop at about 10. 15 p. m, he was hit by an unknown motor vehicle. The motor vehicle ran over the said Venkatachalam and caused serious injuries and he died on the spot.

(3.) THE claimants, respondents in this appeal are the wife and parents of the deceased-Venkatachalam, who claimed a sum of Rs. 2,50,000/- under the provisions of the workmen's Compensation Act. No amount was claimed under the provisions of the Motor vehicles Act. Before the Deputy Commissioner for labour, appellant filed their counter denying their liability stating that the accident did not take place at the place of work and the death was not in the course of employment. It was contended that even as per the pleadings of the claimants no liability arises under the provisions of the Workmen's Compensation Act.