Madras High Court
The Senior Divisional Personnel ... vs M. Nagamani on 19 January, 2021
C.M.A.No.1692 of 2016 and
C.M.P.No.12854 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 19.01.2021
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
C.M.A.No.1692 of 2016
and
C.M.P.No.12854 of 2016
The Senior Divisional Personnel Officer,
Southern Railway,
Chennai Division,
Chennai – 600 003. .. Appellant
Versus
1.M. Nagamani
2.The Deputy Commissioner of Labour – I,
Workmen Compensation Commissioner,
DMS Compound, Chennai – 600 006. .. Respondents
Prayer: Civil Miscellaneous Appeal filed under Section 30 of the Workmen
Compensation Act 1923, to set aside the order made in W.C.No.95 of 2012,
dated 09.12.2014 on the file of the Deputy Commissioner of Labour – 1,
Workmen Compensation Commissioner, DMS Compound,
Chennai – 600006.
1/4
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1692 of 2016 and
C.M.P.No.12854 of 2016
For Appellant : Mr. M. Vijay Anand
For Respondents : Mrs. S.P. Sri Harini
for Mrs. Aparna, for R1
R2 – Dispense with
JUDGMENT
No substantial question of law has been raised in the present
appeal by the appellant. Interestingly, the substantial question of law
framed by the appellant reads as under:-
“It is submitted that the appeal has to be allowed
there by setting aside the award passed by the second
respondent in W.C.No.95 of 2012. I further submit that the
entire amount of Rs.2,87,860/- had been deposited into the
accounts of the second respondent as early as 28.04.2015.
Since, there is a fair chance of succeeding this appeal, I
seek the indulgence of this Hon'ble Court in granting stay of
the award passed in WCA.No.95 of 2012.
It is therefore prayed that this Hon'ble Court may be
pleased to set aside in W.C.No.95 of 2012, dated 09.12.2014
on the file of the Deputy Commissioner of Labour-I,
Workmen Compensation Commissioner, Chennai and thus
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1692 of 2016 and
C.M.P.No.12854 of 2016
render justice.”
2. The above two paragraphs are not the question of law and in fact
the relief sought for in the appeal is converted as question of law. The
factum regarding the accident was not disputed. The allegation of the
appellant that the deceased applicant suicide was also not established in an
acceptable evidence. The Deputy Commissioner of Labour awarded the
compensation of Rs.2,85,360/- by fixing the monthly salary of the deceased
as Rs.4,000/-.
3. In view of the fact that there is no substantial question of law
raised in the present appeal. This Court is not inclined to interfere with the
award passed by the Deputy Commissioner of Labour. Further, the factum
regarding the accident was established and the quantum of compensation
awarded by the Deputy Commissioner of Labour is also just compensation.
The claimant is permitted to withdraw the entire award amount with accrued
interest by filing an appropriate application and the payments are to be made
S.M.SUBRAMANIAM,J.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1692 of 2016 and
C.M.P.No.12854 of 2016
through RTGS. Thus, the award dated 09.12.2014 passed in
W.C.No.95/2012, stands confirmed. CMA.No.1692 of 2016, stands
dismissed. Consequently, connected miscellaneous petition is closed.
No costs.
19.01.2021
Index: Yes/ No
AT
To
The Deputy Commissioner of Labour – I,
Workmen Compensation Commissioner,
DMS Compound, Chennai – 600 006.
C.M.A.No.1692 of 2016 and
C.M.P.No.12854 of 2016
https://www.mhc.tn.gov.in/judis/
