Madras High Court
C.Santhakumar vs M/S.Sri Sight Marketing Services on 3 February, 2021
C.M.A.No.3600 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.02.2021
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
C.M.A.No.3600 of 2012
C.Santhakumar
... Appellant
Vs.
1.M/s.Sri Sight Marketing Services,
No.17, First Main Road,
Nanganallur, Chennai 61.
2.The Oriental Insurance Co.Ltd.,
Bali Towers, IV – Floor,
No.1, Abdul Raszak Street,
Saidapet, Chennai 15.
3.The Oriental Insurance Co.Ltd.,
Motor Third Party Cell,
No.Esplanade Road,
Chennai-108. ..Respondents
Prayer : Civil Miscellaneous Appeal filed under Section 30 of the
Workmen's Compensation Act, 1923, against the judgment and decree
made in W.C. Case No.72 of 2002 dated 12.08.2003 on the file of the
Commissioner for Workmen Compensation – II at Chennai.
1/6
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C.M.A.No.3600 of 2012
For Appellant : Mr.K.R.Ponnusamy for
M/s.Anand and Suryas
For Respondents : R1 – Exparte
Mr.P.Kandasamy for RR2 & 3
JUDGMENT
The order dated 12.08.2003 passed in W.C.No.72 of 2002, is
under challenge in the present civil miscellaneous appeal.
2. The claimant filed an appeal seeking enhancement of
compensation. The appellant filed an application under Workmen
Compensation Act seeking compensation on the ground that he was
working under the first respondent as Autorickshaw driver and salesman
for about three years. He states that he was drawing a salary of
Rs.3000/- per month and Rs.50/- per day as batta. On 05.09.2000, at
about 17.30 hours, the appellant driving the autorickshaw bearing
Registration No.TN.22 H.0958, met with an accident and sustained
grievous injuries. The appellant took treatment and thereafter, filed an
application seeking compensation.
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C.M.A.No.3600 of 2012
3. The Deputy Commissioner of Labour adjudicated the issues
based on the documents and evidences produced by the respective
parties and awarded compensation of Rs.95,937/- along with an interest
at the rate of 12% per annum.
4. The learned counsel for the appellant mainly contended that the
appellant sustained grievous injuries and therefore, fixation of 40%
towards loss of earning capacity is erroneous. This apart, the appellant is
drawing a monthly salary of Rs.3000/- and Rs.50/- per day as batta.
Therefore, the monthly income fixed as Rs.1922/- by the Deputy
Commissioner of Labour is also erroneous, which is lower than that of
the actual salary drawn by the appellant.
5. This Court is of the considered opinion that in the absence of
any evidence to establish the correct salary of the claimant, the Deputy
Commissioner of Labour is correct in adopting the minimum wages fixed
by the Government in its notification. The monthly income can be fixed
based on the actual salary, provided there is an acceptable evidence for
receiving such salary. In the present case, the appellant could not able to
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C.M.A.No.3600 of 2012
produce any such evidence or acceptable document, proving his salary
during the relevant point of time when he met with an accident. In the
absence of any such proof, the Deputy Commissioner of Labour is right
in adopting the minimum wages notified by the Government.
6. Thus, this Court do not find any infirmity or perversity as such
in respect of quantum of compensation awarded. Therefore, the grounds
raised in the present appeal deserves no merit consideration. However,
the interest of 12% is to be granted from the date of expiry of 30 days
from the date of the accident. Accordingly, the award amount of
Rs.95,937/- stands confirmed and the interest of 12% per annum is to be
paid on expiry of 30 days from the date of the accident.
7. With these modifications, the award dated 12.08.2003 passed
in W.C.No.72 of 2002, stands confirmed in all other aspects.
Consequently, C.M.A.No.3600 of 2012 stands allowed in part. No costs.
8. The Insurance Company is directed to deposit the entire award
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C.M.A.No.3600 of 2012
amount with accrued interest within a period of 12 weeks from the date
of receipt of a copy of this order. On such deposit, the appellant is
permitted to withdraw the same by filing an appropriate application
before the competent authority. The payments are to be made through
RTGS.
03.02.2021
Index: Yes/No
Internet:Yes/No
Speaking order/Non-Speaking Order
gsk
To
The Commissioner for Workmen Compensation – II,
Chennai.
S.M.SUBRAMANIAM, J.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.3600 of 2012
gsk
C.M.A.No.3600 of 2012
03.02.2021
https://www.mhc.tn.gov.in/judis/
