NATIONAL INSURANCE CO. LTD Vs. DEVAKI @ DEVI

JUDGEMENT

(1.) This Civil Miscellaneous Appeal has been filed to set aside an order passed in E.C.No.281 of 2015(Old WC No.123 of 2012) on 11.08.2017 by the Commissioner for Work Men Compensation/Deputy Commissioner of Labour at Coonoor, Nilgiris District.

(2.) The appellant/Insurance Company has placed various grounds stating that the compensation of Rs.6,33,205/- awarded in a case of fatal accident to 21 years old Prabhakaran under the W.C.Act is highly excessive, exorbitant and unsustainable in law in this particular circumstances of the case. The Insurance Company has stated before the Commissioner for Workmen Compensation that there is no employee employer relationship between the deceased Prabhakaran with the insured namely Mr.P.Natarajan, S/o Periyasamy of Namakkal District for the vehicle bearing Regn No. KA-01-7389 and therefore, that the claimants/respondents 1 and 2 are not entitled for any compensation from the appellant.

(3.) According to the appellant, the deceased, viz., S.Prabakaran was working as lorry cleaner in the vehicle owned by Mr.Prabhakar, S/o Muthusamy, Salem, but the claim was made against P.Natarajan/3rd respondent and the appellant herein. Further that, the Commissioner after considering the statement of the father of the deceased/2nd respondent that N.Prabhakar was the owner of the vehicle and that the deceased S.Prabhakaran was working as cleaner under him ought not to have held that the deceased was a cleaner under the I opposite party and fastened liability. Further, the vehicle was insured only under Act only policy and did not cover the category of cleaner and therefore, the owner of the vehicle can alone be held liable. Therefore, the order passed by the Commissioner for Work Men Compensation is not maintainable and pleaded to dismiss the appeals. Challenging the same, the appellant/Insurance Company is before this Court.