M/S.United India Insurance vs Thirumathi J.Shanthi
2021 Latest Caselaw 2125 Mad

                                                                             C.M.A.No.2372 of 2019 and
                                                                               C.M.P.No.10815 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.2372 of 2019 and
                                            C.M.P.No.10815 of 2019
                     M/s.United India Insurance
                      Company Limited,
                     No.134, Greams Road,
                     Chennai 600 006.
                                                                                   ... Appellant
                                                           Vs.
                     Thiru.J.Premkumar (deceased)

                     1.Thirumathi J.Shanthi

                     2.Thiru.Saravanan
                                                                        .. Respondents
                     Prayer : Civil Miscellaneous Appeal filed under Section 30 of the
                     Employees Compensation Act, 1923, against the final award dated
                     21.08.2018        (received   on   23.02.2019),   passed   by    the   learned
                     Commissioner for Employees Compensation (Joint Commissioner of
                     Labour – I) at Chennai, in E.C.No.164 of 2011.

                                       For Appellant        : Mr.J.Michael Visuvasam
                                       For Respondents      : Mr.F.Terry Chellaraja for R1
                                                              R2-notice sent-insufficient address




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https://www.mhc.tn.gov.in/judis/
                                                                          C.M.A.No.2372 of 2019 and
                                                                            C.M.P.No.10815 of 2019




                                                  JUDGMENT

The award dated 21.08.2018 passed in E.C.No.164 of 2011,

is under challenge in the present civil miscellaneous appeal.

2. The substantial question of law raised in the present civil

miscellaneous appeal on hand is that in the absence of any finding

regarding the employee employer relationship, the liability shall be

saddled on the Insurance Company. Admittedly, there is no finding in

the award regarding the employee employer relationship between the

employee and the employer.

3. The Deputy Commissioner of Labour has to be adjudicated the

issues based on the facts and circumstances and arrive a conclusion

whether the employee employer relationship existed between the parties

at the time of accident. This being the factual aspects to be decided, this

Court is not inclined to entertain this appeal. Further, the matter is

https://www.mhc.tn.gov.in/judis/ C.M.A.No.2372 of 2019 and C.M.P.No.10815 of 2019

remanded back for re-adjudication of this issue for the purpose of fixing

the liability on the Insurance Company.

4. Accordingly, the award dated 21.08.2018 passed in E.C.No.164

of 2011, is set aside. The matter is remanded back to the Joint

Commissioner of Labour I, Chennai – 6, for re-adjudication of the issue

with reference to the employee employer relationship and the accident

occurred during the course of the employment and accordingly, pass an

award on merits and in accordance with law by affording an opportunity

to all the parties concerned. The said exercise is directed to be done

within a period of six months from the date of receipt of a copy of this

order. Thus, C.M.A.No.2372 of 2019 stands allowed. No costs.

Consequently, connected miscellaneous petition is closed.

5. The parties to the suit are directed to cooperate for the earlier

disposal of the suit. The Trial Court should decline unnecessary

adjournments on flimsy grounds if sought for by the parties to the suit.

The adjournments sought are to be granted only on genuine grounds and

https://www.mhc.tn.gov.in/judis/ C.M.A.No.2372 of 2019 and C.M.P.No.10815 of 2019

by recording reasons. Thus, the Trial Court is expected to proceed with

the case without granting any unnecessary adjournments either at the

instance of the parties or by the Courts.

01.02.2021 Index: Yes/No Internet:Yes/No Speaking order/Non-Speaking Order gsk

To The Joint Commissioner of Labour – I, Chennai.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.2372 of 2019 and C.M.P.No.10815 of 2019

S.M.SUBRAMANIAM, J.

gsk

C.M.A.No.2372 of 2019 and C.M.P.No.10815 of 2019

01.02.2021

https://www.mhc.tn.gov.in/judis/