Madras High Court
The Divisional Manager vs Tmt.Amutha on 22 January, 2021
C.M.A.No.640 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22-01-2021
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
CMA No.640 of 2015
And
MP No.1 of 2015
The Divisional Manager,
M/s.National Insurance Company Ltd.,
Having its office at
II Floor, No.81-D, Chetty Road,
Opp. To Bus Stand,
Thiruchengode,
Namakkal – 637 211. .. Appellant
vs.
1.Tmt.Amutha
2.Minor Lalitha
3.Minor Mathialagan
4.Minor Shankar
5.Marimuthu
6.Kanthayee
(Minors R-2 to R-4 represented by
their mother and guardian R-1)
1/6
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C.M.A.No.640 of 2015
7.S.M.Murugesan .. Respondents
PRAYER : Civil Miscellaneous Appeal is preferred under Section 30 of the
Workmen Compensation Act, against the Award dated 12.04.2013 made in
W.C.No.208 of 2009 on the file of the Deputy Commissioner of Labour,
Salem.
For Appellant : Ms.R.Sree Vidhya
For Respondents-1to4 : Mr.T.Santhiyamoorthy
For Respondents-5&6 : No Appearance
For Respondent-7 : Not Ready in Notice
JUDGMENT
No substantial question of law has been raised in this Civil
Miscellaneous Appeal by the appellant.
2. In the present Civil Miscellaneous Appeal, the Award was
passed on 12.04.2013, granting compensation of Rs.3,53,580/-.
3. Late Mr.Madheswaran alias Madhu was working as a Lorry
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C.M.A.No.640 of 2015
Cleaner in a Lorry bearing Registration No.KA-01-MS-7899.
4. The seven respondent (R-7) is the owner of M/s.Sun Borewell
Services Transport at Tiruchengode. The deceased Madheswarn suffered
chest pain, while performing his duties and taken to Madhugiri Government
Hospital and subsequently died on 04.10.2008.
5. A criminal case was registered in Crime No.13/08/U
punishable under Section 174 of Cr.P.C.
6. The legal heirs of the deceased Madheswaran filed an
application, seeking compensation.
7. The Deputy Commissioner of Labour adjudicated the issues by
fixing a sum of Rs.4,000/- as monthly salary, calculated the compensation
and fixed a sum of Rs.3,53,580/- as total compensation to be paid to the
legal heirs of the deceased Madheswaran.
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C.M.A.No.640 of 2015
8. The appellant has not raised any question of law, however,
perusal of the Award reveals that the factum regarding accident was
established and the deceased died during the course of employment on
account of severe chest pain as the duty in a Borewell is a hard duty.
9. The claimants had established the employer-employee
relationship and therefore, the appellant-Insurance Company is made liable
based on the policy. The Deputy Commissioner of Labour has considered
all the facts and circumstances as well as the evidences and granted just
compensation in favour of the claimants and this Court is not inclined to
interfere with the findings of the Award.
10. Accordingly, the Award dated 12.04.2013 passed in W.C.
No.208 of 2009 by the Deputy Commissioner of Labour, Salem, stands
confirmed and consequently, Civil Miscellaneous Appeal No.640 of 2015
stands dismissed. However, there shall be no order as to costs.
Consequently, connected miscellaneous petition is also dismissed.
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.640 of 2015
To
The Deputy Commissioner of Labour,
Salem.
https://www.mhc.tn.gov.in/judis/
C.M.A.No.640 of 2015
S.M.SUBRAMANIAM, J.
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C.M.A.No.640 of 2015
22-01-2021
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