Joseph Divyanathan vs K.Kannan
2021 Latest Caselaw 1940 Mad

                                                                                   C.M.A.No.1563 of 2018

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 29.01.2021

                                                           CORAM

                                   THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM

                                                     C.M.A.No.1563 of 2018

                     Joseph Divyanathan
                                                                                     ... Appellant
                                                              Vs.

                     1.K.Kannan

                     2.National Insurance Company Limited,
                       Rep by its Manager, 74-A, Paramathi Road,
                       Namakkal 637 001.
                                                                        ..Respondents
                     Prayer : Civil Miscellaneous Appeal filed under Section 30 of the
                     Employees Compensation Act, 1923, to set aside the order made in
                     W.C.No.133 of 2015 on the file of the Workmen's Compensation
                     Commissioner cum Deputy Commissioner of Labour, Coonoor dated
                     13.02.2017.

                                     For Appellant        : Mr.C.Kulanthaivel

                                     For Respondents      : Ms.R.Janani for
                                                            Mr.J.Chandran for R2




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https://www.mhc.tn.gov.in/judis/
                                                                                C.M.A.No.1563 of 2018




                                                    JUDGMENT

The award dated 13.02.2017 passed in W.C.No.133 of 2015, is

under challenge in the present appeal.

2. The substantial question of law raised is whether the claimant

or appellant was sustained grievous injury during the course of

employment. Whether there is an employee employer relationship as

between the first respondent and the claimant/appellant. These questions

of law are related to the factual aspects.

3. This Court is of the considered opinion that the point raised in

the appeal is that whether the accident was established or not. As per the

application filed by the appellant, he was working as a driver with the

first respondent and was drawing a salary of Rs.15,000/- per month,

apart from, a sum of Rs.200/- per day as a daily batta.

4. On 19.12.2012 at about 4.30 p.m. the appellant sustained injury

while unloading the cotton seed bundles and more specifically, when the

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1563 of 2018

rope was removed from the tharbai, the bundles fell down which

resulted in injuries to the appellant.

5. The learned counsel for the appellant submitted that the

appellant sustained multiple injuries and has taken first aid treatment in

Ahmedabad and thereafter, admitted in Ganga Hospital, Coimbatore as

inpatient. Thereafter, the appellant became permanently disabled.

6. The Deputy Commissioner of Labour adjudicated the issues

and arrived at a finding that the factum regarding the accident was not

established and it was not established that the accident occurred during

the course of the employment. The award states that the appellant had

not submitted any record to establish that he had taken treatment at

Siddhi Vinayak Hospital at Ahmedabad. In view of the fact that there is

no sufficient documents to establish that the appellant had taken

treatment in Hospital at Ahmedabad, it is not possible to arrive at the

conclusion that the factum regarding the accident was established.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1563 of 2018

7. This Court is of the considered opinion that for the purpose of

granting compensation under Workmen Compensation Act, a prima

facie regarding the occurrence of the accident is to be established

beyond any pale of doubt. In the event of any doubt in the accident, the

Deputy Commissioner of Labour may not be in a position to grant

compensation. When the accident is established beyond any doubt, then

alone the Deputy Commissioner of Labour is empowered to consider

and grant compensation and not otherwise.

8. In the present case, the appellant states that he sustained injury

at Ahmedabad while unloading the cotton seed bundles and taken first

aid treatment at Ahmedabad. Thereafter, he taken treatment at Ganga

Hospital, Coimbatore. Therefore, the link between the first aid and

subsequent treatment is to be established by the appellant, so as to

remove any ambiguity. In the present case, the appellant has not

established the link between the treatment taken in Ahmedabad to

Ganga Hospital, Coimbatore. If at all he sustained grievous injuries,

then how he travelled from Ahmedabad to Coimbatore and the mode of

transport is to be produced to enable the Court to understand the

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1563 of 2018

genuineness of the case. In the absence of any details, this Court is not

inclined to grant compensation in the present case. The Deputy

Commissioner of Labour has rightly weighed the documents and

evidences. There is no infirmity or perversity as such.

9. Accordingly, the order dated 13.02.2017 in W.C.No.133 of

2015, stands confirmed. C.M.A.No.1563 of 2018 stands dismissed. No

costs.

29.01.2021 Index: Yes/No Internet:Yes/No Speaking order/Non-Speaking Order gsk

To The Workmen's Compensation Commissioner cum Deputy Commissioner of Labour, Coonoor.

https://www.mhc.tn.gov.in/judis/ C.M.A.No.1563 of 2018

S.M.SUBRAMANIAM, J.

gsk

C.M.A.No.1563 of 2018

29.01.2021

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