MUTHUMEENATCHIYA Vs. ASSISTANT DIRECTOR OF FISHERIES

JUDGEMENT

(1.) THESE two appeals arise out of the orders passed by the Additional Commissioner for Workmen's Compensation, Madras, in W. C. C. Nos. 476 and 513 of 1955. The appellants in these two cases claimed a compensation of Rs. 4,000 each from the opposite party, stating that their respective husbands who were employed as divers for chankfishing received injuries by accident on 4 February 1955 and 7 March 1955 respectively while working as divers for the opposite party and died as a result of it, one on 8 February 1955 and the other on 10 March 1955.

(2.) THE opposite party disclaimed liability on the ground the husbands of the appellants were not workmen within the meaning of the term, as defined in the Workmen's Compensation Act. The learned Additional Commissioner, in both the cases, framed three issues. The first was whether the deceased were workmen within the meaning of the Workmen's Compensation Act. The second was whether their death was due to an accident which arose oat of and in the course of their employment. The third was what was the amount of compensation, if any, payable to them.

(3.) ON the first issue the learned Additional Commissioner held in both cases that there was no employer-and-employee relationship between the department and the deceased, and that the deceased were not workmen, as defined in Section 2 (1) (n) of the Workmen's Compensation Act. On the second issue, he held that the death of the appellants' husbands was due to the accident which arose out of and in the course of their employment. On the third issue, he held that the compensation payable in each case could be a sum of Rs. 3,500 if the parties were entitled to the same. Aggrieved by these findings the appellants have preferred these appeals.