Madras High Court
The Branch Manager vs N.Raja ...R-1/Petitioner on 6 December, 2021
C.M.A.(MD).Nos. 814 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 06.12.2021
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD).No. 814 of 2021
and
C.M.P.(MD) No.7509 of 2021
The Branch Manager,
M/s.National Insurance Company Limited,
Branch Office No.II, 1st Floor,
Jerom Building, Fort Station,
Trichy-620 002. ...Appellant
Vs.
1.N.Raja ...R-1/Petitioner
2.M.Poomani ...R-2/1st Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, 1988, to set aside the Award dated 30.04.2021 made in E.C.No.
7 of 2017 on the file of the Commissioner of Workmen Compensation
(Deputy Commissioner of Labour), Trichy and allow this Civil
Miscellaneous Appeal.
1/6
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).Nos. 814 of 2021
ORDER
This Civil Miscellaneous Appeal has been filed to set aside the
Judgment and Decree dated 30.04.2021 made in E.C.No.7 of 2017 on the file
of the Commissioner of Workmen Compensation (Deputy Commissioner of
Labour), Trichy.
2.It is submitted that the petitioner was working as a Loadman in the
Lorry owned by AP oil mill run by the second respondent. It is a case of
accident, which took place on 24.09.2015, at about 07.30 p.m., when the first
respondent N.Raja was travelling in the loaded Lorry bearing Registration
No.TN-45-AK-7315 with one Karthick who is the Driver of the load vehicle,
travelling from Thanjavur to Trichy road, near Thuvakudi Toll Plaza, the
Loaded Lorry dashed against a vehicle running in front them and the first
respondent N.Raja and the Driver Karthick were sustained multiple grievous
injuries over their body and fracture in hands and legs. They were taken to
the Government Hospital, Thuvakudi, Government Hospital, Trichirappalli
and referred to Thillainagar Trichi Medical Centre for treatment as inpatient.
3.The first respondent herein / claimant has filed a petition in E.C.No.7
of 2017 before the Commissioner of Workmen Compensation (Deputy
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).Nos. 814 of 2021
Commissioner of Labour), Trichy, seeking compensation.
4.Before the Tribunal, on the side of the claimants two witnesses were
examined as P.Ws.1 and 2 and marked ten documents as Exs.P.1 to P.10. One
exhibit marked as Ex.R.1.
5.The Tribunal, after considering the pleadings, oral and documentary
evidences and the arguments of the counsel for the claimant and the
insurance company and also on appreciating the evidences on record, held
that the accident occurred only, due to the negligence of the Driver of the
Loaded Lorry and the insurance company is liable to compensate to the
petitioner herein / claimant and directed the appellant/insurance company to
pay a sum of Rs.2,35,926/- (Rupees Two Lakhs Thirty Five Thousand Nine
Hundred and Twenty Six only) as compensation in E.C.No.7 of 2017.
6.The appellant/insurance company has filed the present appeal against
the award passed by the tribunal.
7. Heard on either side. Perused the material documents available on
record.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).Nos. 814 of 2021
8. The Insurance company filed this appeal to set aside the award in
E.C.No.7 of 2017 dated 30.04.2021 on the file of the Deputy Commissioner
of Labour, Trichy, on the ground that the relationship between the first
respondent and the injured is not admitted and the injured is not an employee
of the first respondent. But as per Ex.P1, the First Information Report, the
injured was working as loadman in the AP Oil Mill run by the second
respondent. Even in the First Information Report and also as per the
Registration Certificate Ex.P.3, the vehicle involved in the accident bearing
registration No.TN 45 AK 7315 belongs to the second respondent. The
Registration Certificate of the vehicle also in the name of the second
respondent. The vehicle was also insured under the appellant. No contract
evidence let in by the insurance company. There is no ground regarding the
quantum. So as per the Ex.P1 and Ex.P3, the first respondent/claimant
proved that he is the employee under the second respondent herein. The
Deputy Commissioner of Labour, Trichy, has rightly fixed the liability on the
appellant and allowed the petition in E.C.No.7 of 2017.
9.It is very clear from the materials on record that the second
respondent is liable to pay compensation to the first respondent for the
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C.M.A.(MD).Nos. 814 of 2021
injuries sustained by him. Therefore, this Court is of the view that the award
of the Commissioner of Workmen Compensation (Deputy Commissioner of
Labour), Trichy, is confirmed and the petitioner herein, is directed to deposit
a sum of Rs.2,35,926/-(Rupees Two Lakhs Thirty Five Thousand Nine
Hundred and Twenty Six only) as compensation to the first respondent
herein. After depositing the award amount, the first respondent /claimant is
entitled to withdraw the award amount. No Costs. Consequently, connected
miscellaneous petition is closed.
Index :Yes/No 06.12.2021
Internet:Yes/No
pnn
Note:In view of the present lock down owing to COVID-19 pandemic, a web
copy of the order may be utilized for official purposes, but, ensuring that the
copy of the order that is presented is the correct copy, shall be the
responsibility of the Advocate/litigant concerned.
To
Commissioner of Workmen Compensation
(Deputy Commissioner of Labour),
Trichy.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD).Nos. 814 of 2021
S.ANANTHI, J.
pnn
Order made in
C.M.A.(MD).No. 814 of 2021
and
C.M.P.(MD) No.7509 of 2021
06.12.2021
https://www.mhc.tn.gov.in/judis
