Mohammed Ali vs T.Kala(Died)
2024 Latest Caselaw 20946 Mad

Madras High Court

Mohammed Ali vs T.Kala(Died) on 4 November, 2024

    2024:MHC:3808




                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED : 04.11.2024

                                                    CORAM:

                                  THE HONOURABLE MRS.JUSTICE R.KALAIMATHI

                                           C.M.A(MD)No.1326 of 2024
                                                    and
                                           C.M.P(MD)No.14217 of 2024


                 Mohammed Ali                         ... Appellant/Petitioner/Respondent


                                                       .Vs.


                 T.Kala(died)

                 A.Nandakumar                         ... Respondent/Respondent/Petitioner

                 (Cause-title is accepted as per order of this Court made in C.M.P(MD)No;10570
                 of 2024 in C.M.A(MD)SR.No.40414 of 2024, dated 19.08.2024)

                 PRAYER: Civil Miscellaneous Appeal filed under Section 30 of the Workmen
                 Compensation Act, 1923 praying this Court to call for the records pertaining to
                 the order made in I.A.No.24 of 2024 in E.C.No.43 of 2021, dated 10.1.2024, on
                 the file of Commissioner for Workmen Compensation/The Joint Commissioner of
                 Labour, Thanjavur and to set aside the same.



                 1/5

https://www.mhc.tn.gov.in/judis
                                  For Appellant          : Mr.T.A.Ebenezer


                                                     JUDGMENT

This Civil Miscellaneous Appeal is preferred against the order passed in

I.A.No.24 of 2024 in E.C.No.43 of 2021, dated 10.1.2024, on the file of

Commissioner for Workmen Compensation/The Joint Commissioner of Labour,

Thanjavur.

2.The claim petition was filed by one Kala Appasamy and Nandakumar

Appasamy against the appellant/respondent claiming compensation for the death

of one Sakthivel, who is the son and elder brother of the claimants herein.

3.During the pendency of the claim petition, the above said I.A.No.24 of

2024 in E.C.No.43 of 2021 was filed by Employer stating that after the death of

first claimant/Kala Appasamy(01.01.2022) and as the second claimant happens to

be a major, the second claimant cannot be considered as a dependant of the

deceased Sakthivel and hence, sought for dismissal of the claim petition. The

learned Authority, after hearing both sides, has held that:

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4.The learned Authority held that after obtaining report to that effect, the

question has to be decided and dismissed the above said application. Whether

the second claimant is a dependant or not was not decided by the Authority in the

said . Therefore, as nothing is decided as pleaded in the above said I.A.No.24 of

https://www.mhc.tn.gov.in/judis 2024 in E.C.No.43 of 2021, the Civil Miscellaneous Appeal is liable to be

dismissed and thereby dismissed. The learned Authority is directed to dispose of

main E.C.No.43 of 2021 preferably within a period of four months from the date

of receipt of a copy of this judgment. No costs. Consequently, connected

Miscellaneous Petition is dismissed.

04.11.2024

NCS : Yes/No Index : Yes / No Internet : Yes / No vsn

To

The Commissioner for Workmen Compensation, The Joint Commissioner of Labour, Thanjavur.

Copy to

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

https://www.mhc.tn.gov.in/judis R.KALAIMATHI,J.

vsn

JUDGMENT MADE IN

and

04.11.2024

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