UNITED INDIA INSURANCE COMPANY LTD Vs. MAHENDRAN &

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal is filed by the appellant/second respondent United India Insurance Company through its Branch Manager, dissatisfied with the award dated 13.07.2004 passed in W.C.No.115 of 2002 by the Workmen's Compensation Commissioner (Deputy Commissioner of Labour), Tirunelveli - 2/Tribunal.

(2.) THE first respondent/petitioner has filed a claim petition before the Tribunal claiming a compensation of Rs.4,93,520/- (Rupees Four Lakhs Ninety Three Thousand Five Hundred and Twenty only) along with interest from the date of filing of the petition till date of realisation etc, and the Workmen's Compensation Commissioner namely, the Deputy Commissioner of Laboutr, Tirunelveli - 2/Tribunal after contest, on an appreciation of oral and documentary evidence has passed an award on 13.07.2004 awarding a sum of Rs.98,214/- (Rupees Ninety Eight Thousand Two Hundred and Fourteen only) as compensation and out of the said sum of Rs.98,214/-, it has directed the appellant/second respondent Insurance Company to deposit a sum of Rs.50,000/- and the balance sum of Rs.48,214/- has been directed to be deposited by the second respondent/first respondent (employer), within thirty days from the date of receipt of the order.

(3.) THE second respondent/first respondent (employer) has filed a counter inter alia stating that he, being a building contractor was not liable to pay compensation since carpentry work was taken by some other person as a sub-contractor and for their safety, took Group Policy to cover the risk under the accident and that the first respondent/petitioner was not working for the last one and half years and he was not employed under him.