Reena vs Murugesan
2023 Latest Caselaw 15014 Mad

Madras High Court

Reena vs Murugesan on 27 November, 2023

Author: N.Seshasayee

Bench: N.Seshasayee

                                                                                   C.M.A.No.2765 of 2023

                                  IN THE HIGH COURT OF JUDICATURE AT MADRAS
                                                DATED: 27.11.2023

                                                        CORAM:

                                           MR.JUSTICE N.SESHASAYEE

                                                C.M.A.No.2765 of 2023
                     1.Reena
                     2.Minor Diya
                     3.Minor Nivedhiya

                     (The 2nd & 3rd minor petitioners
                     are rep. by their next friend / guardian/
                     mother Reena)

                     4.Annadurai                                                    ... Appellants

                                                           Vs.
                     1.Murugesan

                     2.United India Insurance Co. Ltd.
                     Regional Office, 171800, No.25
                     TNA Complex, Salem Road, Tiruchengode                          ... Respondents


                     PRAYER:This Appeal is filed under Section 173 of Motor Vehicles Act,
                     1988, against the order in E.C.No.113 of 2021, dated 22.08.2022, on the file
                     of the Joint Commissioner of Labour / Commissioner of Employee's
                     Compensation, Salem.
                                          For appellants    :    Mr.T.S.Arthanareeswaran

                                          For respondents :      Mr.J.Chandran - R2
                                                                 R1 - D/w vide order dt.09.11.2023



https://www.mhc.tn.gov.in/judis
                                                                                C.M.A.No.2765 of 2023

                                                     JUDGMENT

This appeal is preferred on the ground that compensation awarded is

inadequate.

2.The victim of the accident was certain Mohankumar, who was working as

a driver of the lorry bearing Registration No.TN 30 BQ 0535, belonging to

the 1st respondent. While so, on 05.08.2020 in the course of his

employment, he suffered an injury and ultimately he passed away. Seeking

compensation for the same, the heirs of the victim approached the Tribunal

under the Employees' Compensation Act. The Tribunal has reckoned the

income of the victim at Rs.15,000/- a month and determined the

compensation payable at Rs.15,59,850/-. This is now under challenge.

3.Heard both sides. This Court carefully perused the materials on record

and finds that there is no infirmity either in the approach of the Joint

Commissioner of Labour / Commissioner of Employee's Compensation,

Salem, or in the nature of the award that it has passed.

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

4.In this circumstances, this Court does not consider it necessary to interfere

with the award of the Tribunal.

5.This appeal stands dismissed accordingly. No costs.

                                                                                         27.11.2023

                     kas


                     Index    : Yes / No
                     Neutral Citation


                     To.

The Motor Accidents Claims Tribunal Sub Court Panruti.

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

N.SESHASAYEE, J.

kas

27.11.2023

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