PROPRIETOR, ST. JOSEPH'S AUTOMOBILE AND MECHANICAL WORKS, TUTICORIN Vs. MARIA SOOSAI PILLAI
HIGH COURT OF MADRAS
Proprietor, St. Joseph's Automobile And Mechanical Works, Tuticorin
Maria Soosai Pillai
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CHANDRA REDDI, J. -
(1.) THIS appeal arises out of an application filed by the respondent herein for compensation under the Workmen's Compensation Act. The respondent's son who was of tender years was employed as a workman in the appellant's workshop as a cleaner on a daily wage of Rs. 0 -4 -0. The workman met with an accident on 8 -5 -1949 while working in the factory during night time which resulted in his death. The respondent claimed a Iump sum payment of Rs. 800 under Section 3 of the Act.
(2.) THIS application was opposed by the employer on the ground that respondent's son was not a workman within the meaning of the Act as he was only an apprentice, that the accident did not arise during the course of his employment and lastly that the application was incompetent as the applicant was not a dependent within the meaning of Section 2(1)(d) of the Act. The Commissioner for workmen's compensation overruled these objections and granted a sum of Rs. 500 by way of compensation to the applicant. He found that the deceased was a workman within the meaning of Section 2(1)(n) and that the accident occurred in the course of his employment under the applicant. As regards the competency of the applicant to maintain the application, the opinion of the Commissioner was that the applicant was partly dependent on the deceased and as such was entitled to claim compensation.
The employer has filed this appeal against that order.
(3.) IN this appeal, the findings of the Commissioner on the first two issues were not seriously challenged as they were essentially questions of fact. Under Section 30 of the Act. this court's jurisdiction to interfere with an order of the Commissioner for Workmen's Compensation in appeal is confined to substantial questions of law. That being so, it is not open to the appellant to question the correctness of the conclusion of the Commissioner on those two questions.;
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