J D P ASSOCIATE Vs. K MALARKODI

JUDGEMENT

(1.) The appellant is the opposite party against whom an award was passed by the Commissioner for Workmen's Compensation, Chennai.

(2.) The respondent Nos. 1 and 2 are the parents of one Saravanan who died on 6.11.1994. In the course of the employment, while fixing the fibreglass in the fourth floor he fell down and died. A sum of Rs. 2,000 was given by the appellant for funeral expenses. The notice dated 4.12.96 was issued by the respondents to the appellant making a claim. Since the appellant did not pay the compensation of a sum of Rs. 2,00,000, the petition was filed before the Commissioner.

(3.) A counter was filed by the appellant denying the allegations stating that the appellant does not employ workmen directly but allows it to contractors. The appellant is not aware of the said Saravanan. There was no contract of employment between the deceased Saravanan and the appellant, the application is not maintainable. The respondents are also not dependent on the earnings of the deceased. The daily wages was also denied and, therefore, it was prayed that the application should be dismissed.