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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K.ILANTHIRAIYAN, R.POORNIMA, JJ
The Branch Manager, Oriental Insurance Company Ltd. – Appellant
Versus
K.Vignesh – Respondent
| Table of Content |
|---|
| 1. appeal challenges labour commissioner's compensation award against insurer. (Para 2 , 3) |
| 2. insurer disputes liability under private owner-only policy. (Para 5) |
| 3. policy excludes employees; insurer not liable, employer must pay. (Para 6 , 7 , 8) |
The appellant / 2ndrespondent / Insurance Company has preferred this Civil Miscellaneous Appeal challenging the order dated 19.04.2023 passed by the Commissioner of Labour, Madurai, in E.C. No. 12 of 2019
2. By the said order, the learned Commissioner of Labour awarded a sum of Rs.18,52,720/- towards compensation in favour of the 1st respondent / claimant and directed the appellant / Insurance Company to deposit the entire award amount.
3. Aggrieved by the findings with respect to liability as well as quantum, the present appeal has been filed by the Insurance Company, which was arrayed as the 2nd respondent before the Commissioner of Labour.
4. The brief facts of the claimant’s case are as follows:
(i) The claimant was employed as a labourer under the 1st respondent. On 16.12.2017, at about 11.30 p.m., pursuant to the instructions of the employer, the claimant proceeded to remove a mike set and electric bulbs at Sethunagar Tem
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