Venkatachalam vs R.Nalliyappan
2023 Latest Caselaw 3600 Mad

                                                                             C.M.A.No.1161 of 2021


                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                Dated: 31.03.2023

                                                     Coram:

                                     THE HONOURABLE MRS.JUSTICE N.MALA

                                              C.M.A.No.1161 of 2021


                Venkatachalam
                                                                                 ... Appellant
                                                       Vs.


                1.R.Nalliyappan
                2.Bharti Axa General Insurance Co., Ltd.,
                Bangalore, Branch at Chennai.

                                                                              ... Respondents



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

                Compensation Act, 1925 praying to allow the Civil Miscellaneous Appeal and

                enhance the award amount in the order dated 27.08.2019 made in W.C.No.262

                of 2017, on the file of the Joint Commissioner of Labour- II/ Commissioner of

                Workmen's Compensation, Thenampettai, Chennai.

                          For Appellant : Mr.C.Paraneedharan
                          For R1        : No Appearance
                          For R2        : Mr.M.Jayaraj


https://www.mhc.tn.gov.in/judis
                1/5
                                                                                 C.M.A.No.1161 of 2021


                                                     JUDGMENT

The appeal is filed by the Workmen, against the order dated 27.08.2019,

passed in W.C.No.262 of 2017, on the file of the Joint Commissioner of

Labour-II / Commissioner of Workmen's Compensation, Thenampettai, Chennai

for enhancement of compensation.

2. The only point raised in the appeal is with regard to non payment of

compensation under the head "Medical expenses" and hence, the facts of the

case are not dealt with in detail.

3. The accident, liability and quantum are not disputed by the

respondents. The workmen has filed this appeal for enhancement.

4. The learned counsel for the appellant submitted that the appeal is

restricted to the claim towards medical expenses alone.

5. According to the learned counsel for the appellant, the Labour

Commissioner failed to grant a sum of Rs.2,06,262.50/- towards medical

expenses which are substantiated by Ex.P.12. Inspite of the documentary

evidence available and other evidence in support of the injuries sustained by the https://www.mhc.tn.gov.in/judis

C.M.A.No.1161 of 2021

workmen, the Labour Commissioner has failed to discuss the same and further

failed to grant the compensation for the medical expenses incurred by the

appellant.

6. When the matter was taken up for hearing on 29.03.2023 before this

Court, the learned counsel for the first respondent wanted to verify the medical

bills and so the matter was adjourned for the purpose of verification by the

learned counsel for the first respondent.

7. Today (31.03.2023), when the matter is taken up for hearing, the

learned counsel for the first respondent submitted that he has verified the

medical bills and he is convinced about the genuineness of the same.

8. In the light of the documentary evidence Ex.P.12 series, and in view of

the submission made by the 1st respondent on its genuineness, the workman

will be entitled to a sum of Rs.2,06,262.50/- towards medical expenses incurred

by him.

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

C.M.A.No.1161 of 2021

Accordingly the appeal is partly allowed. The claimant is entitled to a

sum of Rs.2,06,262.50/- towards medical expenses along with 7.5% interest

from the date of claim petition till payment. The second respondent/ Insurance

Company is directed to deposit the entire medical expenses amount of

Rs.2,06,262.50/- along with 7.5% interest within a period of six (6) weeks from

the date of receipt of a copy of this order. There shall be no order as to costs.

31.03.2023

dsn Index:Yes/No Speaking Order:Yes/No Neutral Citation:Yes/No

To

The Joint Commissioner of Labour-II, Commissioner of Workmen's Compensation, Thenampettai, Chennai

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

C.M.A.No.1161 of 2021

N.MALA.J.,

dsn

C.M.A.No.1161 of 2021

31.03.2023

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