Madras High Court
Gnansekaran vs Amaravathi on 24 March, 2025
C.M.A.(MD)No.588 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 24.03.2025
CORAM:
THE HONOURABLE MRS.JUSTICE R.KALAIMATHI
C.M.A.(MD)No.588 of 2022
and
CMP(MD)No.5037 of 2022
Gnansekaran ... Appellant
vs.
1. Amaravathi
2. Chinnathambi ... Respondents
PRAYER: Civil Miscellaneous Appeal is filed under Section 30(1) of
Workmens Compensation Act, to set aside the award dated 31.08.2021
received on 22.09.2024 made in E.C.No.135 of 2016 on the file of the
Commissioner Employee's Compensation (JCL), Trichy.
For appellant : Mr.G.Mohan Kumar
For R-1 & R-2 : Mr.D.Ramesh Kumar
1/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 05:18:50 pm )
C.M.A.(MD)No.588 of 2022
JUDGMENT
This Civil Miscellaneous Appeal has been preferred by the Employer
against the award dated 31.08.2021 made in E.C.No.135 of 2016 on the file
of the Commissioner Employee's Compensation (JCL), Trichy.
2. Heard the learned Counsel for the appellant and perused the records.
3. The father and mother of deceased Rathinam filed a claim petition
before the Commissioner of Employee's Compensation (JCL), Trichy, in
E.C.No.135 of 2016, by stating that on 02.11.2015 at about 09.00 a.m, when
their daughter was working in the respondent's factory, namely, Sri Sairam
Industries, at about 03.30 p.m, due to snake bite, she was admitted in the
hospital and thereafter, she died. As the death occurred on account of
employment, claim petition was filed claiming compensation of Rs.
10,00,000/-.
4. Upon consideration, the Commissioner Employee's Compensation
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 05:18:50 pm )
(JCL), Trichy, held that the accident occurred on account of employment and
it was concluded that as the deceased was working in the respondent's factory,
the claimants are entitled for compensation and it was quantified at
Rs.6,57,280/- with 12% interest payable from the date of occurrence.
5. The learned Counsel appearing for the appellant vehemently
contended that the deceased is not a workmen under Section 2(1)(n) of
Workmen Compensation Act and the accident did not occur inside the
premises of the respondent's factory. It is his further argument that the age,
income and quantum fixed by the authority are not correct.
6. It is the evidence of P.W.1 that the deceased Rathinam, who is the
daughter of claimants, had been working in the respondent's factory for about
10 years and on 02.11.2015 at about 03.30 p.m, during the course of
employment, due to snake bite, their daughter was taken to Pudukkottai
Government Hospital and thereafter, she died. It appears that the deceased
suffered snake bite during the course of employment. As per the principle of
notional extension of employers' premises, the place of accident has to be
construed as the place of duty, of the workman. Therefore, these details have
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 05:18:50 pm )
also been conceded by R.W.1 when he was in the dock and the Commissioner
of Employee's Compensation, upon consideration has held that the accident
occurred during the course of employment.
7. The Commissioner has fixed the deceased salary at Rs.8,218/- based
on the Minimum Wages act. However, as per the Workmen Compensation
Act, the maximum salary that can be fixed as Rs.8,000/- and the
compensation is worked out as 50/100 x 8000 x 163.07 = Rs.6,52,280/-, for
the funeral expenses an amount of Rs.5,000/- is granted. In all, an amount of
Rs.6,57,280/- was ordered as compensation payable by the respondent at the
rate of 12% interest from the date of accident.
8. From the both side evidence and a careful perusal of the order, it is
pellucid that the accident occurred during the course of employment and as
ordered, the employer is liable to pay compensation. This Court does not fine
any perversity or infirmity in the said Order.
9. Based on the above said discussions and observations, this Civil
Miscellaneous Appeal stands dismissed. The Commissioner Employee's
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 05:18:50 pm )
Compensation shall disburse the compensation amount to the claimants
herein, within a period of two (2) months from the date of receipt of a copy of
this judgment. No costs. Consequently, connected miscellaneous petition is
closed.
24.03.2025
NCC : Yes/No
Index : Yes / No
Internet : Yes / No
jbr
To
1. The Commissioner Employee's Compensation (JCL), Trichy.
2. The Section Officer,
V.R. Section,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 05:18:50 pm )
R.KALAIMATHI,J
jbr
Pre-delivery order made in
24.03.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 26/03/2025 05:18:50 pm )
