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2021 Supreme(Mad) 497

S.M.SUBRAMANIAM
Kanaka Gowd – Appellant
Versus
P. R. Engineers and Contractors, Nerkundram – Respondent


Advocates Appeared:
For the Appellants :F. Terry Chellaraja, K. Varadhakamaraj, Advocates.
For the Respondents:R2, J. Michael Visuvasam, Advocate, R1, NA.

JUDGMENT :

(Prayer: Civil Miscellaneous Appeal filed under Section 30 of the Workmen Compensation Act, 1923, against the order dated 15.04.2016 made in W.C.No.48 of 2014 on the file of the Commissioner for Workmen's Compensation-I (Deputy Commissioner of Labour-I) Chennai.)

The award dated 15.04.2016, passed in W.C.No.48 of 2014 is under challenge in the present civil miscellaneous appeal.

2. The substantial question of law raised is that whether the Deputy Commissioner of Labour is right in dividing the liability both on the Insurance Company as well as on the employer. In other words, a part of the liability is fixed on the employer. Thus, the appellants have chosen to file the present appeal. Secondly, the learned Commissioner committed an error in not granting interest at the rate of 12% with reference to Section 4-A(3)(a) of the Employees Compensation Act, 1923.

3. The facts in nutshell to be considered are that the appellants filed an application under the Workmen Compensation Act seeking compensation on the ground that on 12.01.2014, while the deceased was working in a building site as labourer, he fell down from the fourth floor and sustained multiple and grievous head injuries

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