Madras High Court
Reliance General Insurance ... vs P.Rajendran on 20 January, 2021
C.M.A.No.1854 of 2018 and
C.M.P.No.16056 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.01.2021
CORAM
THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM
C.M.A.No.1854 of 2018 and
C.M.P.No.16056 of 2018
Reliance General Insurance Co.Ltd.,
Sri Lakshmi Complex, Ist Floor,
Bharathi Street, Omalur Main Road,
Swarnapuri, Salem 636 004. ..Appellant
Vs.
1.P.Rajendran
2.M.Sekar
..Respondents
Prayer : Civil Miscellaneous Appeal filed under Section 30 of the
Employees Compensation Act, 1923, against the award and decree dated
06.03.2017 made in E.C.No.637 of 2015 on the file of the
Commissioner, Workmen's Compensation Tribunal, DCL, Coonoor.
For Appellant : Mr.S.Arun Kumar
For Respondents : No appearance for R1
R2-Notice sent-left
1/6
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1854 of 2018 and
C.M.P.No.16056 of 2018
JUDGMENT
The award dated 06.03.2017 made in E.C.No.637 of 2015, is
under challenge in the present civil miscellaneous appeal.
2. The substantial question of law raised in the present appeal on
hand is that whether the award passed in favour of a person who is not
coming under the purview of workman as defined under Section 2(n) of
the Act.
3. In the present case, the application filed by the first respondent
claimant reveals that he was performing the duty as Load man in the
Tractor belongs to the second respondent bearing Registration No.TN
28 AJ 1388. The said factum was established before the Deputy
Commissioner of Labour. When the factum regarding the employment
was established and the accident occurred during the course of
employment, there is no reason to disbelieve the finding of the Deputy
Commissioner of Labour for the purpose of awarding compensation
under Workmen Compensation Act.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1854 of 2018 and
C.M.P.No.16056 of 2018
4. The other question raised by the appellant is that the quantum
of compensation awarded by the Deputy Commissioner of Labour is
exorbitant. Thus, it is not a question of law on facts.
5. This Court is of the opinion that from the disability certificate
Ex.P10 dated 18.12.2014, the first respondent claimant sustained
injuries as detailed hereunder:
“........He had fracture of nasal bone, fracture
nasal septum, deep lacerated would over forehead and
contusion of chest wall. He was admitted in our
hospital and the nasal bone fracture was managed by
nasal drops and medications and also lacerated wound
over forehead and contusion of chest wall managed
conservatively, surgery was not done. Now I have seen
him and clinically examined him which shows that
there is nasal block in nasal septum. He had severe
pain and stiffness in the nasal bone. He cannot
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1854 of 2018 and
C.M.P.No.16056 of 2018
concentrate at any work. He often gets severe
headache, giddiness and allergic sinusits. He has loss
of sensitive of the smell. He cannot do any hard work.
His activities of daily living is affected. After my
clinical and radiological examination, the amount of
permanent disability is 35% (thirty five percentage)
only........ ”
Dr.M.Sivakumar stated that the first respondent claimant was suffering
from various other allied ailments, on account of the injury sustained
during the accident.
6. Perusal of the evidence reveals that the first respondent
sustained grievous injury. This being the factum, the grant of
compensation of Rs.2,47,675/- awarded by the Deputy Commissioner of
Labour cannot be considered as excessive. It is to be considered as just
compensation.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1854 of 2018 and
C.M.P.No.16056 of 2018
7. This Court did not find any error or perversity with reference to
the calculation of compensation made by the Deputy Commissioner of
Labour. The compensation is not only reasonable but just and therefore,
the award dated 06.03.2017 made in E.C.No.637 of 2015 stands
confirmed and consequently, C.M.A.No.1854 of 2018 stands dismissed.
No costs. Consequently, connected miscellaneous petition is closed.
20.01.2021
Index: Yes/No
Internet:Yes/No
Speaking order/Non-Speaking Order
gsk
To
The Commissioner,
Workmen's Compensation Tribunal, DCL,
Coonoor.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.1854 of 2018 and
C.M.P.No.16056 of 2018
S.M.SUBRAMANIAM, J.
gsk
C.M.A.No.1854 of 2018 and
C.M.P.No.16056 of 2018
20.01.2021
https://www.mhc.tn.gov.in/judis/
