The Branch Manager vs P.Manoharan
2024 Latest Caselaw 15435 Mad

Madras High Court

The Branch Manager vs P.Manoharan on 8 August, 2024

Author: N.Sathish Kumar

Bench: N.Sathish Kumar

                                                                                     REV.APLC. (MD)No.89 of 2024


                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                      DATED : 08.08.2024

                                                            CORAM:

                                  THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

                                                REV.APLC.(MD) No. 89 of 2024

                The Branch Manager,
                Oriental Insurance Company Limited,
                No.39/40, Saratha Shopping Complex,
                Workshop Road, Simakkal,
                Madurai.                                                              ...Petitioner

                                                              Vs.
                1.P.Manoharan
                2.M.Natchiappan                                                       ...Respondents

                PRAYER: These review petitions are filed under Order 47 Rule 1 & 2 r/w
                Section 114 of Civil Procedure Code, to review the judgment and decree dated
                28.06.2023 in C.M.A.(MD)No.512 of 2023 on the file of this Court.


                                           For Petitioner    : Mr.E.Chandrasekaran
                                           For R1            : Mr.K.Kumaravel


                                                            ORDER

This review application has been filed to review the order of this Court

dated 28.06.2023 in C.M.A.(MD)No.512 of 2023 on the ground that the trial

Court has fixed 60% of disability as partial permanent disability, whereas this

Court had treated the same as functional disability. https://www.mhc.tn.gov.in/judis

2.According to the review petitioner, the compensation should be

awarded only for 60% disability alone and the same should not be treated as

functional disability.

3.Perusal of the judgment made by this Court in the appeal, shows that

the Medical Officer had assessed the disability at 60% and during the hearing of

the appeal, the claimant was directed to be present before this Court to see the

claimant personally. On seeing him, this Court noticed that the claimant was not

in a position to walk and his leg was shortened by 2 c.m.,. Hence, he is unfit for

the driving job. Only after considering all these facts, this Court had held the 60%

disability assessed by the Medical Officer as functional disability.

4.In such view of the matter, the question of reviewing the judgment

made by this Court does not arise at all. Accordingly, this review petition is

dismissed. No costs.

08.08.2024 Index : Yes/No Internet : Yes/No ta

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

To

The Section Officer, Vernacular Records, Madurai Bench of Madras High Court, Madurai.

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

N.SATHISH KUMAR, J.

ta

08.08.2024

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