M.GNANASEKARAN Vs. S.DEVAKANI

JUDGEMENT

(1.) This appeal has been filed against the order dated 14.12.2017 made in W.C.No.55/2012 on the file of the Commissioner of Workmen's Compensation, Madurai.

(2.) It is the case of the respondents/claimants that on 22.10.2011 about 09.00 a.m., one Santhanam, husband of the 1st respondent, father of the respondents 2 to 4 and son of the 5th respondent, who on the fateful day was working under the appellant as a driver in a Tractor bearing registration No.TN-59- C-5565, was ploughing the field of the appellant, the said Tractor stuck in the mud and sand and got capsized, in which, Santhanam sustained grievous injuries and died on the spot. For the death of Santhanam, the respondents/claimants filed W.C.No. 55/2012 before the Deputy Commissioner of Labour, Madurai, claiming compensation of Rs.3,68,340/-. Resisting the claim, the appellant filed counter denying the employer-employee relationship between him and the deceased and contended that the accident had not occurred during the course of employment and the deceased after the work drove the Tractor negligently, resultantly, the Tractor got capsized thereby he invited the accident and therefore, the appellant is not liable to pay the compensation.

(3.) The Deputy Commissioner of Labour after considering the oral and documentary evidence adduced on either side held that the deceased died during the course of employment under the appellant in his Tractor bearing registration No.TN-59-C-5565 and awarded compensation of Rs.5,71,257/-. Aggrieved by the above award, the appellant/employer has filed this appeal raising the following substantial questions of law:-