MANAGEMENT INDIRA LODGE Vs. S VALLINAYAGAM

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed by the appellant/respondent as against the award dated 14.05.2004 passed in W.C.No.67 of 2002 by the Workmen's Compensation Commissioner (Deputy Commissioner of Labour), Tirunelveli/Tribunal.

(2.) THE respondent/claimant has filed a claim petition before the Commissioner/Tribunal claiming a compensation of Rs.1,22,004/- (Rupees One Lakh Twenty Two Thousand and Four only) along with interest at 12% p.a from the date of accident till date of payment and the Commissioner/Tribunal namely the Deputy Commissioner of Labour, Tirunelveli, after contest, on an appreciation of oral and documentary evidence, has passed an award on 14.05.2004 granting a sum of Rs.89,433/- (Rupees Eighty Nine Thousand Four Hundred and Thirty Three only) as compensation and further has directed the appellant/respondent to deposit the aforesaid amount within thirty days from the date of receipt of the order.

(3.) THE appellant/respondent has filed a counter inter alia stating that in the given address, there was no lodge functioning in the name of M/s.Indira Lodge for the last ten years and that M/s.Indira Lodge was closed some ten years back and this was reported to the authorities namely, Police, Municipality6 and Labour Office and hence, the claim of the respondent/claimant was bogus and fraudulent. M/s.Indira Lodge was converted into a commercial complex and it was rented out to tenants for a monthly rent on monthly basis. THE respondent/claimant has no cause of action and the amount claimed was not based on the relevant provisions of the Act and hence, the claim petition ought to be dismissed.