Madras High Court
The General Manager vs S.Poongothai on 1 February, 2021
C.M.A.No.799 of 2019 and
C.M.P.No.2260 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.02.2021
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
C.M.A.No.799 of 2019 and
C.M.P.No.2260 of 2019
The General Manager,
M/s.United India Insurance
Company Limited,
No.48, 'Chandra Plaza' I Floor,
Arcot Road, Saligramam,
Chennai 600 093.
... Appellant
Vs.
1.S.Poongothai
2.S.Rithish
3.Mahalakshmi
4.Punniyan
5.D.Vasanthi
..Respondents
Prayer : Civil Miscellaneous Appeal filed under Section 30 of the
Employees Compensation Act, 1923, against the final Award dated 10th
May, 2018, (received on 27.10.2018), passed by the learned
Commissioner for Employees Compensation (Joint Commissioner of
Labour -II) at Chennai in E.C.No.15 of 2016.
For Appellant : Mr.J.Michel Visuvasam
1/5
https://www.mhc.tn.gov.in/judis/
C.M.A.No.799 of 2019 and
C.M.P.No.2260 of 2019
For Respondents : Mr.M.Sivakumar for RR1 to 4
R5- Notice sent - vacated
JUDGMENT
The award dated 10.05.2018, passed in E.C.No.15 of 2016 is
under challenge in the present civil miscellaneous appeal.
2. The substantial question of law raised by the appellant
Insurance Company is that whether the Joint Commissioner is correct in
awarding compensation despite the fact that the claimant /driver was not
possessing a valid driving licence. The another question of law raised in
the appeal is that whether the liability saddled on the appellant can be
sustained, when the entire evidence of the appellant with regard to
breach of policy conditions by the fifth respondent in allowing the
deceased, not duly licenced to drive the Autorickhaw, is completely
overlooked by the Joint Commissioner of Labour.
3. The facts are not disputed. The accident was established and
the policy was in force. However, in the finding of the Joint
Commissioner of Labour in the award, it is categorically established
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C.M.A.No.799 of 2019 and
C.M.P.No.2260 of 2019
through Ex.P5 that the deceased Seenu was not possessing a valid
driving licence at the time of the accident. The driving licence expired on
20.10.2014 and the said factum was established in the report. The
accident occurred on 28.09.2015, after 11 months from the date of
expiry of the driving licence.
4. This being the factum established before the Joint
Commissioner of Labour, as per the terms and conditions of the
Insurance Company, the liability cannot be fixed on the appellant. In
view of the fact that the employee employer relationship existed at the
time of the accident and the accident occurred during the course of the
employment, the liability is to be fixed on the owner of the vehicle
Smt.Vasanthi, the fifth respondent herein.
5. Accordingly, the awarded compensation is to be paid by the
fifth respondent to the respondents 1 to 4 along with interest at the rate
of 12% per annum from the date of expiry of 30 days from the date of
the accident. Thus, the award dated 10.05.2018 passed in E.C.No.15 of
2016, is set aside as far as the appellant Insurance Company is
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C.M.A.No.799 of 2019 and
C.M.P.No.2260 of 2019
concerned. The said award stands confirmed as against the fifth
respondent who is the owner of the vehicle. Consequently,
C.M.A.No.799 of 2019 stands allowed in part. No costs. Consequently,
connected miscellaneous petition is closed.
6. The appellant Insurance Company is permitted to withdraw the
deposited amount along with accrued interest by filing appropriate
application before the competent authority. The payments are to be made
through RTGS.
01.02.2021
Index: Yes/No
Internet:Yes/No
Speaking order/Non-Speaking Order
gsk
To
The Joint Commissioner of Labour -II,
Chennai.
S.M.SUBRAMANIAM, J.
gsk
https://www.mhc.tn.gov.in/judis/
C.M.A.No.799 of 2019 and
C.M.P.No.2260 of 2019
C.M.A.No.799 of 2019 and
C.M.P.No.2260 of 2019
01.02.2021
https://www.mhc.tn.gov.in/judis/
