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IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.THAMILSELVI, J
M/s.United India Insurance Company Ltd – Appellant
Versus
T.Amsaveni – Respondent
| Table of Content |
|---|
| 1. facts of employment and accident leading to compensation claim. (Para 2 , 3 , 4 , 6) |
| 2. arguments contesting the employer-employee relationship and duty of care. (Para 5 , 7 , 11) |
| 3. court’s determination on liability and employer’s obligations. (Para 8 , 14 , 15) |
| 4. consideration of evidence presented by both parties. (Para 9 , 12 , 13) |
| 5. final decision directing payment and subsequent recovery actions. (Para 16 , 17) |
ORDER
Challenging the order of the Joint Commissioner for Labour -II, [Workmen Compensation Commissioner-2 Court, Chennai-6], the 2nd respondent-Insurance company preferred this appeal.
2. Before the Joint Commissioner of Labour-2, the claimants 1 to
3/respondents 1 to 3 herein preferred the claim petition in E.C.No.364 of 2012, under the provisions of Tamil Nadu Workmen’s Compensation Act , 1923, claiming compensation for the death of 1st petitioner’s son Dayalan who met with an accident in the course of employment under the 4th respondent herein Suresh/R1 before the Joint Commissioner.
3. The parties are referred herein as per their litigative status before the Joint Commissioner. The brief facts are as follows:-
(a) The 1st and 2nd claimants are the p
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