Madras High Court
National Insurance Company ... vs M.Ranganathan .. 1St on 22 December, 2021
C.M.A.(MD)No.969 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 22.12.2021
CORAM:
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.M.A.(MD)No.969 of 2021
and
C.M.P(MD)No.9186 of 2021
National Insurance Company Limited,
175-A, Great Cotton Road,
Thoothukudi District. .. Appellant/2nd Respondent
Vs.
1.M.Ranganathan .. 1st Respondent/Petitioner
2.K.Ganesan .. 2nd Respondents/ 1st Respondent
PRAYER: Civil Miscellaneous Appeal filed under Section 173 of Motor
Vehicles Act, to set aside the award dated 15.07.2021 made in E.C.No.31 of
2016 on the file of the Deputy Commissioner of Labour (Authority under the
Employees Compensation Act), Tirunelveli, (which was received by the
Appellate Insurance Company on 23.07.2021 vide enclosed postal cover).
For Appellant : Mr.J.S.Murali
For Respondents : No appearance
1/7
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.969 of 2021
JUDGMENT
This Civil Miscellaneous Appeal has been filed by the
appellant/claimant to enhance the award amount passed in E.C.No.31 of
2016, dated 15.07.2021, on the file of the Joint Commissioner of Labour
(Authority under the Employees Compensation Act), Tirunelveli.
2. Eventhough notice served to the respondents and their name also
printed in the cause list, there is no representation either by them or through
counsel.
3. The Insurance Company filed this appeal to set aside the award
passed in E.C.No.31 of 2016 on the file of the Joint Commissioner of Labour
(Authority under the Employees Compensation Act), Tirunelveli on the
ground that there was no relationship as employer and employee between R2-
Ganesan and the victim/claimant.
4. The case of the claimant before the Labour Court is that the claimant
was working as employee under R1-Ganesan. On 05.06.2016, when he was
on duty, he drove the Maruthi Amni Van bearing Registration No.TN-04-
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C.M.A.(MD)No.969 of 2021
B-2700 belonged to the owner-Ganesan, at Madurai-Thoothukudi Road,
suddenly the vehicle capsized near Kotturvilakku, due to which he sustained
grievous injuries. Thereafter, the claimant undertook treatment as inpatient in
Preethi Hospital for the injuries sustained by him. The claimant claimed that
the accident occurred during the course of his work under
R1/Ganesan/employee. Since there was an employer employee relationship
between the claimant and R1-Ganesan, he is liable to pay the compensation.
4. Before the Tribunal, on the side of the claimant two witnesses were
examined as P.W.1 and P.W.2 and nine documents were marked as Ex.P.1 to
Ex.P.9. On the side of the respondents herein, one witness was examined as
R.W.1 and three documents were marked as Ex.R1 to Ex.R3.
5.The Labour Court, after considering the pleadings, oral and
documentary evidences and the arguments of the learned counsel for the
claimant and the respondents and also on appreciating the evidences on
record, held that the accident occurred during the course of his work under
his employee and hence, the employee-Ganesan is liable to pay a sum of
Rs.10,79,300/- as compensation and further directed the insurance
company/R2 before the Labour Court, to pay the compensation as pay and
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C.M.A.(MD)No.969 of 2021
recovery. Against which, the appellant/insurance company has filed this
present appeal to set aside the award of compensation passed by the Labour
Court.
6.The learned counsel for the appellant would submit that the claimant
did not produce any document to prove that the claimant was the employer
under R1-Ganesan and the accident occurred only due to the course of
employment. The appellant filed counter before the Labour Court and denied
the relationship between R1-Ganesan and the victim. R1-Ganesan also set
exparte. Notice sent to R1-Ganesan by the appellant which was marked as
Ex.R2 and acknowledgement card also marked as Ex.R3. Even then, R1-
Ganesan has not produced any documents before the Labour Court. Hence,
he prays for dismissal of the award passed by the Labour Court.
7. The Joint Commissioner of Labour also discussed that there was no
documents filed by the claimant for his employment. Even after receiving the
notice from the appellant, R1 has not filed any document to prove that the
claimant is a paid driver under him. If the claimant has any grievance and to
work out his remedy, he may approach the Motor Accident Claims Tribunal
by filing claim petition under Motor Accident Claims not before the Labour
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C.M.A.(MD)No.969 of 2021
Court under Employees Compensation Act. Perusal of the FIR, which was
marked as Ex.P1, shows that the owner of the Maruthi Amni Van is one
Muthusamy, who is the father of the claimant. But one Ganesan has added as
R1 in the claim application as he was the owner of the Maruthi Amni Van. So
the claimant did not prove the relationship between his employer and also the
accident occurred only in the course of the employment.
8. Hence, this Civil Miscellaneous Appeal is allowed by setting aside
the award, dated 15.07.2021 passed in E.C.No.31 of 2016 by the Joint
Commissioner (Authority under the Employees Compensation Act),
Tirunelveli. No Costs. Consequently, connected miscellaneous petition is
closed. The Appellant/Insurance Company is entitled to get refund of the
deposited award amount with accrued interest and costs by filing appropriate
application before the Labour Court.
22.12.2021
Index :Yes/No
Internet:Yes/No
PJL
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.969 of 2021
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
1. The Deputy Commissioner of Labour,
(Authority under the Employees Compensation Act),
Tirunelveli.
2. The Record Keeper,
Vernacular Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis
C.M.A.(MD)No.969 of 2021
S.ANANTHI, J.
PJL
C.M.A.(MD)No.969 of 2021
22.12.2021
https://www.mhc.tn.gov.in/judis
