The Executive Engineer vs P.Parasuraman
2021 Latest Caselaw 1517 Mad

                                                                            C.M.A.No.1281 of 2015

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                   DATED : 22-01-2021

                                                        CORAM

                              THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM

                                                   CMA No.1281 of 2015


                     The Executive Engineer,
                     Tamilnadu Electricity Board,
                     Villupuram Electricity Distribution Circle,
                     Villupuram-605 602.                                      .. Appellant

                                                           vs.


                     1.P.Parasuraman

                     2.The Presiding Officer,
                       Deputy Commissioner of Labour-II,
                       DMS Compound,
                       Teynampet,
                       Chennai-600 018.                                       .. Respondents


                     PRAYER : Civil Miscellaneous Appeal is preferred under Section 30 of the
                     Workmen Compensation Act, against the Award dated 09.02.2012 made in
                     AH1/2655/2011 on the file of the Deputy Commissioner of Labour-II,
                     Chennai.
                                   For Appellant         : Mr.Viswanathan,
                                                           Standing Counsel for Electricity Board.

                     1/6


https://www.mhc.tn.gov.in/judis/
                                                                              C.M.A.No.1281 of 2015

                                   For Respondent-1             : No Appearance

                                   For Respondent-2             : Court

                                                      JUDGMENT

The substantial question of law raised in this Civil Miscellaneous

Appeal by the appellant is that whether the authority is right in fixing

disability of the first respondent at 25%, especially when the first

respondent resumed as a Line Inspector.

2. The claimant was performing his duties as Line Inspector. On

23.09.2008, when he was on duty, he met with an accident. Therefore, an

application is filed, seeking compensation under the Workmen

Compensation Act.

3. The Deputy Commissioner of Labour adjudicated the issues

with reference to the documents and the evidences produced by the

respective parties.

4. The findings of the Deputy Commissioner of Labour reveal that

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1281 of 2015

at the time of accident, the victim was aged about 51 years. The salary

certificate issued by the Administration was also marked as document. He

was drawing a monthly salary of Rs.12,628/- and the accident occurred

during the course of employment. The disability was fixed as 25% and

therefore, the loss of income was also calculated at 25%.

5. This Court is of the considered opinion that the Medical Report

fixing the disability as 25% during the relevant point of time, cannot be

modified at this length of time and the Doctor fixed the disability based on

the nature of injuries sustained by the claimant.

6. This being the factum, this Court do not find any perversity or

infirmity, as such, regarding the findings of the Deputy Commissioner of

Labour and the quantum of compensation is also calculated in accord with

the provisions of the Statute and there is no infirmity.

7. Accordingly, the Award dated 09.02.2012 passed in

AH1/2655/2011 by the Deputy Commissioner of Labour-II, Chennai, stands

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1281 of 2015

confirmed and consequently, Civil Miscellaneous Appeal No.1281 of 2015

stands dismissed. However, there shall be no order as to costs.

22-01-2021 Speaking Order/Non-Speaking Order. Internet : Yes/No.

Index: Yes/No.

Svn

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1281 of 2015

To

The Deputy Commissioner of Labour-II, Chennai.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1281 of 2015

S.M.SUBRAMANIAM, J.

Svn

C.M.A.No.1281 of 2015

22-01-2021

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