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2004 Supreme(Mad) 809

T.V.MASILAMANI, K.GOVINDARAJAN
K. Kamalaveni and others – Appellant
Versus
The Managing Director, Subbathal Spinning Mills (P) Limited, Erode and others – Respondent


Advocates:
D.Hari Paranthaman, for Appellants.
V.Sanjeevi, for Respondent No.1.
K.Muthukumaraswamy, for Respondent No.2.
B.Ramesh, for Respondent No.3.

K.Govindarajan, J.: The claimants filed the above appeal aggrieved by the order dated 6.10.1994 passed by the Deputy Commissioner of Labour, Salem in W.C.No.164 of 1993, rejecting the claim in toto.

2. One Kumar, the husband of the 1st appellant and father of the 2nd appellant was an employee under the 2nd respondent, who entered into a contract with the 1st respondent to construct a roof of a godown in the Spinning Mills of the 1st respondent When the said Kumar was working for the purpose of construction of the roof of the godown, on 19.1.1993 he fell down and sustained injuries. In spite of treatment he died on 12.4.1993. The claimants filed a claim petition in W.C.No.164 of 1995 claiming a compensation of a sum of Rs.10,00,000 as the deceased Kumar was aged about 26 years at the time of death.

3. The 1st respondent-management filed a counter denying the fact even with respect to the contract with the 2nd respondent and the construction work carried on 19.1.1993. On that basis, the 1st respondent denied their liability.

4. The 2nd respondent remained ex parte.

5. The Deputy Commissioner of Labour, (Workmen’s Compensation), Salem considering the said pleading and evidence available o





























































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