M/S.United India Assurance vs Thiru.T.Sampath
2021 Latest Caselaw 2812 Mad

                                                                                C.M.A.No.2478 of 2015

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 05.02.2021

                                                       CORAM

                            THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                                C.M.A.No.2478 of 2015
                                                        and
                                                  M.P.No.1 of 2015

                     M/s.United India Assurance
                     Company Limited,
                     No.66, Greams Road,
                     Chennai- 600 006                                             ..Appellant

                                                           Vs.
                     1.Thiru.T.Sampath
                     2.Tmt.S.Gowri
                     3.Tmt.S.Jameela                                             ..Respondents

                     Prayer : Civil Miscellaneous Appeal filed under Section 30 of the
                     Employees Compensation Act, against the Final Award dated 12th March
                     2015 (received on 27.08.2015) passed by the Learned Deputy
                     Commissioner of Labour – II, Chennai in W.C.No.167 of 2011.


                                      For Appellant    :         Mr.J.Michael Visuvasam
                                      For Respondent   :         Mr.Vijaya Rajan
                                                                 For Mr.K.Varadhakamaraj
                                                                 [For R1 & R2]
                                                                 R3 – No appearance



                     1/4

https://www.mhc.tn.gov.in/judis/
                                                                              C.M.A.No.2478 of 2015




                                                 JUDGMENT

The only Substantial question of law raised in the present

miscellaneous appeal is that the driver, who had driven the vehicle,

which met with an accident was not holding a valid batch and therefore,

the Insurance company is not liable.

2. The said issue has already been decided by the Hon'ble

Supreme Court of India and not wearing a batch would not exonerate the

Insurance company from liability.

3. In the present case, the factum regarding the accident was

established. The claimants have further established that employer-

employee relationship also existed. Under these circumstances, the

Substantial Question of law raised by the appellant deserves no merit

consideration as the law had already been settled by the Apex Court in

the matter of not possessing the valid batch at the time of accident by the

driver.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.2478 of 2015

4. Under these circumstances, this Court is not inclined to

interfere with the findings of the Deputy Commissioner of Labour.

Accordingly, the award dated 12.03.2015 passed in W.C.No.167 of 2011

stands confirmed and consequently, the Civil Miscellaneous Appeal in

C.M.A.No.2478 of 2015 is dismissed. No costs. Consequently,

connected miscellaneous petition is closed.

05.02.2021

kak Index: Yes/No Internet:Yes/No Speaking order/Non-Speaking Order

To The Deputy Commissioner of Labour – II, Chennai.

S.M.SUBRAMANIAM, J.

kak

https://www.mhc.tn.gov.in/judis/ C.M.A.No.2478 of 2015

C.M.A.No.2478 of 2015

05.02.2021

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