PALANIAMMAL Vs. SAPPANI PILLAI

JUDGEMENT

(1.) THE appellant in this appeal was the applicant in W. C. No. 92 of 1986 on the file of the Deputy Commissioner for Workmen's compensation, Trichy. THE respondent is the respondent is the above proceedings. For the purpose of convenience in this order the parties in this appeal are referred to in their rank in which they were described in the order of the court below.

(2.) THE case of the applicant before the lower authority was as follows : Her husband Periasamy was employed by the respondent for constructing a protective wall to an existing well and in the course of that employment on 22. 9. 1988 he fell into the well and then ultimately died. Alleging that there was an employer-employee relationship between the respondent and her husband, the petition for compensation was filed before the lower Authority. A defence was taken by the respondent that the deceased never worked in the well belonging to the respondent nor worked under him at any point of time. In support of her case, the claimant examined four witnesses to speak about the deceased having been employed in the construction work in the well of the respondent. However, the lower authority had proceeded to accept the case of the respondent and held that the deceased was never employed as a workman under him and dismissed the claim petition. THE correctness of this order is questioned in this appeal.