NOORJAHAN Vs. M. MAHESH

JUDGEMENT

(1.) This Civil Miscellaneous Appeal is filed against the order dtd. 23/11/2017 made in E.C. No. 44 of 2015 on the file of Deputy Commissioner of Labour, at Coimbatore District.

(2.) The case of the appellants is that Mr. Noorahmed, who is the husband of the first appellant and father of the appellants 2 to 4 and son of the 5th and 6th appellants, died in the car accident which took place on 22/2/2014. The deceased was working as a driver with the 1st respondent. On 22/2/2014, while the deceased Mr. Noorahmed was driving the car bearing Registration No. KA. 10. P. 111, which was preceding between Nanjankudi to Kundalpet Road near Kudndel Gate, suddenly he lost his control over car and dashed against the trees in the road side in which Noorahamed sustained grevious injuries and died on the spot itself. At the time of accident the deceased was aged about 42 years and he was earning Rs.10,000.00 P.M. and he was the sole bread winner of his family. The appellants have no other source of income to survive their life and were depending upon the income of the deceased who died in the accident. Hence, the appellants herein filed a claim petition in E.C. No. 44 of 2015 on the file Deputy Commissioner of Labour, at Coimbatore, which was dismissed vide order dtd. 23/11/2017 on the ground that the claimants have filed another claim petition before the learned Civil Judge, Chamraj Nagar, at Karnataka in W.C. No. 36 of 2014 and the same was pending.

(3.) Aggrieved over the order dtd. 23/11/2017 passed by the Deputy Commissioner of Labour, at Coimbatore in E.C. No. 44 of 2015, the appellants have come forward with the present appeal.