Madras High Court
M/S.United India Insurance vs Thirumathi.K.Selvanayagi on 25 February, 2021
C.M.A.No.974 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.02.2021
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
C.M.A.No.974 of 2018
and
C.M.P.No.7919 of 2018
M/s.United India Insurance
Company Limited,
No.70, N.S.C.Bose Road,
III Floor, Sowcarpet,
Chennai – 600 079. ..Appellant
Vs.
Thiru.G.Karunanithi(since died)
1.Thirumathi.K.Selvanayagi
2.Minor.K.Barath
3.Minor.K.Nandakumar
(Minors 2 & 3 rep.by mother
& natural guardian Mrs.K.Selvanayagi)
4.Thiru.N.Vijayakumar ..Respondents
Prayer : Civil Miscellaneous Appeal filed under Section 30 of the
Employees Compensation Act, against the Final Award dated 01st
September 2017, (received on 17.02.2018) passed by the Learned
Commissioner for Employees Compensation (Deputy Commissioner of
Labour-I), at Chennai in E.C.No.62 of 2013.
For Appellant : Mr.J.Michael Visuvasam
For Respondents : Mr.P.Chinnaraj
[For R1 to R3]
R4 – Not Ready in Notice
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C.M.A.No.974 of 2018
JUDGMENT
The Award dated 01.09.2017 passed in E.C.No.62 of 2013 is
under challenge in the present Civil Miscellaneous Appeal.
2. The Substantial question of law mainly raised, which reads as
under:
“4. Whether the findings of the Learned Deputy
Commissioner of Labour that the death of
Late.Karunanithi, was only due to the alleged
employment injuries, without considering and
appreciating the genuineness of the documents marked
and the credibility of evidence placed on record can be
sustained?”
3. The learned counsel appearing on behalf of the appellant /
Insurance company contended that the death of the workman is no way
relatable to the injury sustained during the alleged accident. Even as per
the petition filed by the workman under Section 10 of the Workmen
Compensation Act, it is stated that on 19.07.2012 at 12.40 hrs, the
applicant drew the share auto bearing Registration No.TN 05 P 2671 in
E.H.Road from North to South in front of E.B Quarters, another Auto
bearing Registration No.TN 03 d 8949, driven in a rash and negligent
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C.M.A.No.974 of 2018
manner came from South and hit the workman and his auto and in
consequence of which the auto of the workman capsized.
4. It is stated that the workman sustained dislocation of right
shoulder, severe injury at his right knee, severe internal injury at his
right side chest and also also injuries at his head. He took treatment in
Government General Hospital, Chennai as inpatient from 19.07.2012 to
20.07.2012 and thereafter, continued his treatment as inpatient. A
Criminal Case was registered in Crime No.284/P3/2012.
5. The learned counsel for the appellant reiterated the workman
was admitted as inpatient for one day in a hospital and thereafter,
discharged. Thus, the nature of the injuries are not so serious or fatal
connectable to the death, which occurred for a lapse of more than two
years from the date of accident.
6. The workman died on 31.03.2014 after a lapse of about 20
months and 13 days from the date of accident. In between, he was
performing his duties and responsibilities. It is not established that he
was taking treatment through out for about 20 months. Contrarily, even
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C.M.A.No.974 of 2018
as per the application filed by the workman, it is stated that he was
admitted in Government General Hospital for one day, took treatment
and thereafter discharged. Thus, the death is not connected with the
accident and further, the Doctors were not examined during the course
of enquiry before the Deputy Commissioner of Labour. The nature of
injuries sustained are minor and it was treated in one day by the Doctors
at General Government Hospital and thereafter, there is no proof to
establish that he continued his treatment till his death in the year 2014,
after a lapse of 20 months from the date of accident.
7. The policy is not disputed. Coverage is also not disputed. The
accident was registered by the Traffic Investigation Wing Police and the
factum regarding the accident was also established. However, the
quantum of Award granted by the Deputy Commissioner of Labour,
considering the death of the deceased alone is questioned by the
Appellant/Insurance company and this Court is of the opinion that the
respondents/claimants could not able to establish that the death occurred
is relatable to the accident took place on 19.07.2012. This apart, the
Disability was not assessed nor any such Disability Certificate was
marked as document on the part of the claimants. It is pertinent to note
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C.M.A.No.974 of 2018
that no Post-mortem Certificate or other Medical Records were
produced, enabling the Court to arrive a conclusion that the workman
sustained disability as well as the subsequent death due to the accident.
In the absence of any medical records to establish the disability, the
compensation cannot be granted with reference to the terms and
conditions of the Insurance Policy.
8. Perusal of the Award reveals that the Disability percentage has
not been assessed. Further, the Deputy Commissioner of Labour treated
the case as a death case and the probability of death with reference to the
accident was also not discussed. In the absence of any material evidence
to establish that the death occurred due to the accident, more
specifically, after a lapse of 20 months cannot be accepted. If at all, the
death occurred due to the accident, the same is to be established with an
acceptable evidence and in the present case, absolutely there is no
evidence to establish that the death is connectable to the alleged
accident, which took place in the year 2012. Mere presumption
regarding a death is impermissible, in view of the fact that the death
occurred after a lapse of about 20 months. Such an inference is possible
to be drawn in a case, where the death occurs within two or three days
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C.M.A.No.974 of 2018
from the date of accident on account of certain internal injuries or
otherwise. However, in the present case, the workman took treatment for
one day as inpatient in a Government General Hospital and thereafter,
he died after a lapse of 20 months in the year 2014 and the gap between
the accident and the death was not explained nor any document filed to
prove that the accident is the cause for the death.
9. The Deputy Commissioner of Labour relied on the document in
Ex.P7 / Certificate issued by J.K.Clinic by one Dr.Muralidaran. The
cause of the death stated as “patient expired on 31.03.2014 due to
septicemic shock. However, there is no other Medical records available
to support such a findings of the Doctor of a Private Clinic. When the
workman took treatment in a Government General Hospital in the year
2012, those Medical Records were not produced. Contrarily, the
Certificate issued by a Private Clinic in the year 2015 is produced,
which cannot be trusted upon, in the absence of any supporting
document to establish that the death occurred due to continuous
treatment for about 20 months from the date of accident.
10. This being the facts and circumstances, the Deputy
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C.M.A.No.974 of 2018
Commissioner of labour proceeded with the case on certain perceptions,
which is impermissible and with reference to the death, there must be a
definite proof to establish that the death occurred due to the accident and
only in such circumstances, the liability can be fixed on the Insurance
company and not otherwise.
11. In this view of the matter, the Award dated 01.09.2017 passed
in E.C.No.62 of 2013 is set aside and the Civil Miscellaneous Appeal in
C.M.A.No.974 of 2018 stands allowed. The appellant / Insurance
company is directed to withdraw the deposited amount with accrued
interest by filing an appropriate application and the payments are to be
made through RTGS. No costs. Consequently, connected miscellaneous
petition is closed.
25.02.2021
kak
Index: Yes/No
Internet:Yes/Non-Speaking order
To
1.The Commissioner for Employees Compensation
(Deputy Commissioner of Labour-I), Chennai.
https://www.mhc.tn.gov.in/judis/ S.M.SUBRAMANIAM, J.
C.M.A.No.974 of 2018
kak
C.M.A.No.974 of 2018
25.02.2021
https://www.mhc.tn.gov.in/judis/
