National Insurance Company ... vs N.Iyyappan ...1St
2022 Latest Caselaw 18097 Mad

                                                                        C.M.A(MD)No.1106 of 2022

                        BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  Dated : 08.12.2022

                                                      CORAM

                                    THE HONOURABLE MRS.JUSTICE N.MALA

                                           C.M.A(MD)No.1106 of 2022
                                                     and
                                      C.M.P(MD)Nos.11270 and 11272 of 2022


                National Insurance Company Limited,
                Divisional Office,
                No.33, Promenade Road,
                Cantonment, Trichy-1.                          ... Appellant/ 2nd Respondent

                                                         Vs

                1.N.Iyyappan                                   ...1st Respondent/Petitioner
                2.R.Ilangovan                                  ... 2nd Respondent/ 1st Respondent


                PRAYER :-

                            This Civil Miscellaneous Appeal is filed under Section 30 of

                Employees Compensation Act to set aside the award dated 05.11.2018 made

                in E.C.No.16 of 2017 on the file of the Commissioner of Employees

                Compensation (Deputy Commissioner of Labour), Trichy.

                                  For Appellant    : Mr.S.Srinivasa Raghavan
                                  For Respondents : No Appearance



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                                                                          C.M.A(MD)No.1106 of 2022



                                                    JUDGMENT

The appeal is filed by the National Insurance Company Limited

challenging the award passed by the Commissioner of Compensation (Deputy

Commissioner of Labour), Trichy, in E.C.No.16 of 2017, dated 05.11.2018.

The appellant also filed an application for receiving additional evidence in

C.M.P(MD)No.11272 of 2022.

2. The main ground of challenge in the appeal is that there was no

insurance policy issued in favour of the owner and it was cancelled for want

of payment of premium. In fact, the submission is that there was no insurance

policy at the relevant point of time and therefore, insurance company was not

liable to pay compensation to the workmen.

3. The learned counsel for the appellant fairly submits that the plea of

absence of policy was not taken in the counter filed in E.C.No.16 of 2017.

The learned counsel therefore submits that in the absence of a plea nothing

would transpire from the receipt of additional evidence.

4. I find force in the submission of the learned counsel for the appellant

and therefore, in the absence of any pleadings in the counter statement, the https://www.mhc.tn.gov.in/judis

C.M.A(MD)No.1106 of 2022

additional evidence cannot be looked into. The appeal cannot be entertained

in the absence of a plea and therefore, the Civil Miscellaneous Appeal is

dismissed. The quantum of compensation awarded by the Tribunal is

confirmed. There shall be no order as to costs. Consequently, connected

miscellaneous petitions are closed.

08.12.2022 Index : Yes / No Internet : Yes / No

sn

To

1.The Commissioner of Employees Compensation (Deputy Commissioner of Labour), Trichy.

2.The Record Keeper, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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

C.M.A(MD)No.1106 of 2022

N.MALA, J sn

C.M.A(MD)No.1106 of 2022

08.12.2022

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