Srinivasan vs Kapoorkhan
2021 Latest Caselaw 2950 Mad

                                                                             C.M.A.No.208 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 08.02.2021

                                                       CORAM

                            THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                                 C.M.A.No.208 of 2021


                     Srinivasan                                                   ..Appellant

                                                         Vs.

                     Kapoorkhan                                               ..Respondent

                     Prayer : Civil Miscellaneous Appeal filed under Section 30 of the
                     Workmen's Compensation Act, 1923, against the order dated 25.08.2014
                     made in W.C.No.56 of 2009 passed by the learned Commissioner-I for
                     Workman Compensation cum Deputy Commissioner of Labour-I,
                     Teynampet, Chennai-600 006.


                                      For Appellants   : Mr.S.Haja Mohideen Gisthi




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




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                                                                                 C.M.A.No.208 of 2021

                                                   JUDGMENT

The Civil Miscellaneous Appeal is filed against the award dated

25.08.2014 passed in W.C.No.56 of 2009.

2. A substantial question of law raised in the appeal is relateable

to the facts and cannot be construed as an acceptable substantial

question of law within the meaning of Section 30 of the Workmen

Compensation Act.

3. The fact remains that the respondent was working with the

appellant in his Industry namely S.S.Industry at Alandur. He was

employed as a Plastic Moulding Operator. On 24.01.2004, around at

11.00 a.m., when a plastic piece colluted in the machine and he carefully

efforting to take away the same from the said machine, unfortunately,

the respondent/claimant fell down on the machine which resulted

grievous injuries including crush injury in his left hand. The respondent

was treated as in-patient and thereafter, continued his treatment. The

Deputy Commissioner of Labour adjudicated the issues with reference

to the documents and evidence produced. The factum regarding the

accident was established and the employer/employee relationship was https://www.mhc.tn.gov.in/judis/

also proved by the respondent. Thus, the Deputy Commissioner of

C.M.A.No.208 of 2021

Labour granted an award amount of Rs.1,79,538/- (Rupees One Lakhs

Seventy Nine Thousand Five Hundred and Thirty Eight Rupees Only)

along with interest at the rate of 12% per annum.

4. This Court is of the considered opinion that there is no

perversity or infirmity as such with reference to the quantum of award

and further, the appellant has also not raised any acceptable substantial

question of law. Therefore, this Court is not inclined to entertain the

appeal. Thus, the award dated 25.08.2014 passed in W.C.No.56 of 2009

stands confirmed and consequently, the Civil Miscellaneous Appeal

stands dismissed. The respondent/claimant is permitted to withdraw the

entire award amount with accrued interest by filing an appropriate

application before the competent Court and the payments are to be made

through RTGS. No costs.

08.02.2021

ssb Index: Yes/No Internet:Yes/No Speaking/Non-Speaking order

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

C.M.A.No.208 of 2021

S.M.SUBRAMANIAM, J.

ssb

To Deputy Commissioner of Labour-I, Teynampet, Chennai-600 006.

C.M.A.No.208 of 2021

08.02.2021

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