UNITED INDIA INSURANCE COMPANY LIMITED Vs. D.MARIYAMMAL

JUDGEMENT

(1.) The appellant has filed the present Civil Miscellaneous Appeal under Section 30 of the Employees Compensation Act, 1923 to set aside the final award dated 12.04.2019 passed by the learned Commissioner for Employees Compensation (Joint Commissioner of Labour - II), Chennai in E.C.No.319 of 2017.

(2.) The 1st respondent is the mother, 2nd respondent is the father, 3rd respondent is the minor sister and 4th respondent is the employer of the deceased Jayakumar. The case of the respondents / claimants is that on 07.05.2017, at about 3.15 hrs, while the said Jayakumar was driving a car bearing Regn. No.TN-09-BE-8463, when the vehicle was proceeding in Pondicherry - Tindivanam National High Ways, a person had suddenly crossed the road, in order to avoid the accident, the said Jayakumar had turned to right side, unfortunately, the above said car ran over the center median of the road and the car was capsized, on account of which, the said Jayakumar died due to grievous injuries. Further, the said Jayakumar was 19 years old at the time of accident and thereby the claimants pleaded to grant a sum of Rs.20,00,000/- as compensation.

(3.) Per contra, the appellant / 2nd respondent has filed a counter stating that as per FIR, one Allan along with his friends was on a tour to Pondicherry through the Car bearing registration no.TN 09 BE 8463 and the same was driven by one of the friend, viz., Jayakumar. On 07.05.2017, at 3.15 p.m., while they were returning in the same car driven by said Jayakumar in a rash and negligent manner, near Kenipattu Village on the Pondicherry-Tindivanam National High Ways, he lost his control and the vehicle turned to the other half of the road on the opposite side and capsized. Further, the counter proceeds to state that the accident had occurred only due to the rash and negligent driving of the deceased person and that they are not liable to compensate the claimants. Also, the appellant would rely on the death report of the deceased issued by the police authorities, wherein it is stated that the deceased Jayakumar had no employee employer relationship with the 4th respondent and he was studying B.Tech in Bharath University, Selaiyur at the time of accident and thereby pleaded that they are not liable to pay compensation to the claimants.