Mr.M.Gunasekaran vs Mr.La.Radhakrishnan
2021 Latest Caselaw 1695 Mad

                                                                                 C.M.A.No.491 of 2012

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                  DATED : 25.01.2021

                                                       CORAM

                            THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM

                                                 C.M.A.No.491 of 2012

                     Mr.M.Gunasekaran                                             ..Appellant
                                                          Vs.

                     1.Mr.La.Radhakrishnan
                     2.M/s.New India Assurance
                     Company Limited,
                     B.K.Building,
                     Second Floor,
                     Ramalinga Madayala Street,
                     Gugai,
                     Salem – 636 006                                              ..Respondents

                     Prayer : Civil Miscellaneous Appeal filed under Section 30 of the
                     Workmen's Compensation Act, to setaside the order in W.C.No.182 of
                     2002 dated 20.02.2004 on the file of the Commissioner of Workmen's
                     Compensation and Deputy Commissioner of Labour, Tiruchirapalli), in
                     so far as it is against the appellant, grant costs throughout.


                                      For Appellant    : Mr.Hajee P.K.Jamal Mohamed

                                      For Respondent   : R2 – Mr.K.Vinod

                                                        R1 – No Such Address



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                                                                                C.M.A.No.491 of 2012



                                                JUDGMENT

The Award dated 20.02.2004 passed by the Commissioner of

Workmen Compensation is under challenge in the present appeal.

2. The claimant is the appellant. The Claim Petition was filed on

the ground that the appellant was working as a driver in a vehicle

bearing Registration No.PY 01 D 7010. The petitioner has stated that he

was got a salary of not less than Rs.3,000/- per month and on

21.06.1995 at about 23.30 hours, when the appellant was driving the

vehicle on the Coimbatore Palakkad NH from Thiruvananthapuram to

go to the Salem with the load, the vehicle met with an accident and he

sustained injuries. The petitioner states that he sustained fracture and

multiple grievous injury all over the body, he was admitted in Medical

College Hospital, Trichur as inpatient and thereafter, treated as

outpatient and a criminal case was also registered.

3. An application was filed, seeking compensation. The

Commissioner of Workmen compensation, adjudicated the issues with

reference to the facts, circumstances as well as the evidence. The factum

regarding the accident was established. https://www.mhc.tn.gov.in/judis/

C.M.A.No.491 of 2012

4. However, the learned counsel for the appellant now questions

the fixation of monthly salary of of Rs.1,000/- fixed by the Workmen

Compensation. The accident admittedly occurred on 21.06.1995 and

during the relevant point of time, as per the investigation issued by the

Central Government under Section 4A of the employees Compensation

Act, the minimum salary for fixation for compensation was Rs.1,000/-.

5. In view of the fact that the annual salary was not established

with evidence, the Commissioner has fixed the salary, fixed by the

Central Government under Section 4A of the Employees Compensation

Act. When the claimants have not established the salary with an

acceptable evidence, then the minimum wages fixed by the Central

Government by way of an investigation under Section 4A of the Act is

to be taken into consideration for the purpose of compensation.

6. In the present case, the accident occurred in the year 1995 and

during the relevant point of time, the Minimum wages fixed was

Rs.1,000/-. Thus, there is no perversity or infirmity as such in the matter

of compensation.

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

C.M.A.No.491 of 2012

S.M.SUBRAMANIAM, J.

kak

7. Therefore, the Award dated 20.02.2004 passed by the

Commissioner of Workmen Compensation stands confirmed and

consequently, the Civil Miscellaneous Appeal in C.M.A.No.491 of 2012

stands dismissed. No costs.

25.01.2021

kak Index: Yes/No

To

1.The Commissioner of Workmen's Compensation and Deputy Commissioner of Labour, Tiruchirapalli.

2.The Sub-Assistant Registrar, A.E.Section, High Court of Madras.

C.M.A.No.491 of 2012

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