Govindammal vs Ss.Duraisamy
2022 Latest Caselaw 11073 Mad

                                                                           C.M.A.No.1358 of 2022




                                  IN THE HIGH COURT OF JUDICATURE OF MADRAS

                                             DATED : 24.06.2022

                                                   CORAM:

                                   THE HONOURABLE Ms. JUSTICE P.T. ASHA

                                             C.M.A.No.1358 of 2022


                     1.Govindammal
                     2.Gopirajan                       ...Petitioners/Appellants

                                                      Vs.

                     1.SS.Duraisamy

                     2.The Divisional Manager,
                     New India Assurance Company Limited,
                     3rd party Claims (HUB) Office,
                     No.1, Officers Line,
                     Vellore.                       … Respondents/Respondents


                     Prayer: Civil Miscellaneous Appeal is filed under Section 30 of the

                     Employee's Compensation Act, 1923, against the Order dated

                     16.03.2018 in W.C.No.247 of 2015 on the file of the learned


                     1/5



https://www.mhc.tn.gov.in/judis
                                                                                  C.M.A.No.1358 of 2022


                     Commissioner            for    Workmen's     Compensation     and       Deputy

                     Commissioner of Labour, Vellore.


                                  For Appellants   :     Mr.C.Prabakaran


                                                        JUDGMENT

The misuse of a beneficial legislation is once again highlighted

in the instant case. An injury suffered on account of wordy quarrel

occasioned between the deceased and the driver of a vehicle is sought

to be converted into a claim under the Workmen's Compensation Act.

2.The facts of the case would reveal that on 06.02.2014 at about

02.30p.m. when the deceased Sathiyamoorthy working under the 1st

respondent was waiting to load the sand at Kunmadugu River another

Tipper lorry bearing Registration No.TN 73E 7412 tried to overtake

the vehicle of the deceased which resulted in an altercation and

the

https://www.mhc.tn.gov.in/judis C.M.A.No.1358 of 2022

subsequent death of the said Sathiyamoorthy. The appellants had

therefore filed an application before the learned Commissioner for

Workmen's Compensation and Deputy Commissioner of Labour,

Vellore, seeking compensation for the death of the said

Sathiyamoorthy. The claim had been lodged by the parents of the said

Sathiyamoorthy. The learned Commissioner for Workmen's

Compensation and Deputy Commissioner of Labour, Velllore, by his

order dated 16.03.2018 was pleased to dismiss the claim and found

that the evidence and the pleadings of the appellants ran contrary to

one another and therefore, no weightage could be given to the same

and accordingly, dismissed the petition. Challenging the same, this

appeal is filed.

As stated supra, the death has occurred as the result of the

quarrel which cannot be equated to an injury sustained out of and in

https://www.mhc.tn.gov.in/judis C.M.A.No.1358 of 2022

the course of employment. That apart, the evidence of PW1 is also

very unreliable. In these circumstances this Civil Miscellaneous

Appeal fails and the order of the learned Commissioner for

Workmen's Compensation and Deputy Commissioner of Labour,

Vellore, is confirmed. No costs.

                                                                                     24.06.2022

                     Index      : Yes/No
                     Internet   : Yes/No

Speaking order / Non speaking order mps

To

The Commissioner for Workmen's Compensation and Deputy Commissioner of Labour, Vellore.

https://www.mhc.tn.gov.in/judis C.M.A.No.1358 of 2022

P.T. ASHA, J,

mps

C.M.A.No.1358 of 2022

24.06.2022

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