Vs
Case brief
What is this about?
The court dismissed an appeal filed by an insurance company against a compensation award. The court held that the deceased died during the course and out of employment while collecting money for his employer. The appeal was dismissed and the award was confirmed.
What did the court decide?
Confirmation of the Commissioner's award of Rs.2,19,950/- and dismissal of the civil miscellaneous appeal.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.11.2008
CORAM
THE HONOURABLE MR.JUSTICE S.PALANIVELU
Branch Manager United India Insurance Company Ltd, 38, Anna Salai, Chennai -600 002. ... Appellant/ 2nd opposite party Vs. 1.Munusamy 2.Indirani 3.M.Vasu ... Respondents/Claimants & 1st opposite Party
Appeal filed under Section 30 of the Workmen’s Compensation Act,1923 against the judgment and decree dated 05.04.2002 made in W.C.No.87 of 2001, passed by the Commissioner for Workmen’s Compensation -II (Deputy Commissioner of Labour – II), Chennai-6.
For Petitioner : Mr.D.Bhaskaran For R.1 & 2 : Mr.S.Ramu
J U D G M E N T
This Appeal is directed against the judgment and decree dated 05.04.2002 made in W.C.No.87 of 2001, passed by the Commissioner for Workmen’s Compensation -II (Deputy Commissioner of Labour – II), Chennai.
- The following are the allegations found in the claim petition:-
(i) One Govindan, the son of the claimants, was working under the first respondent, who was a prawn merchant. The deceased used to collect the money from the retail merchants on behalf of his employer, the first respondent. On 05.03.2000, while he was riding the Suzuki Motor Cycle bearing registration No.TN20 Y 6346 belonging to the first
Issues for consideration
2 issues framed by the court
Whether the deceased was employed in the course and in the ordinary course of his employment at the time of the accident.
Whether the insurance company can be held liable to pay compensation under Section 147 of the Motor Vehicles Act.
Parties & counsel
- appellant
Branch Manager United India Insurance Company Ltd
- respondent
Munusamy
- respondent
Indirani
- respondent
M.Vasu
Coram
Case details
As recorded by the court registry
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