Partly allowed

G/ Jeevarathinam v. K. Basheer Ahamed

Madras HC16 Oct 2014CMA/666/2014

Case brief

AI extract

What is this about?

The High Court set aside an order directing the vehicle owner to pay workmen's compensation, holding that the authority ought to have ascertained the policy validity with the insurer. Since the insurer subsequently deposited the amount, the order was modified to release the funds to the appellant.

What did the court decide?

The order directing the 1st respondent/owner to pay is set aside; the authority is directed to release the amount deposited by the Insurance Company to the credit of the case within four weeks.

G/ Jeevarathinam Vs K. Basheer Ahamed — Insurance | Madras HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 16.10.2014

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CORAM

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THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN

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C.M.A. No. 666 of 2014

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M.P. No. 1 of 2014

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G. Jeevarathinam ..Appellant

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Vs.

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K. Basheer Ahamed 2. United India Insurance Company Limtied,

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No.826, Anna Salai, 7^th Floor, Tarapore Towers, Chennai – 600 002. ..Respondents

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Prayer: Civil Miscellaneous Appeal as against the order dated 15.09.2011 passed in W.C. No. 257 of 2008 by the Deputy Commissioner of Labour-1, Chennai.

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For Appellant :: Mr.M. Selvam For Respondents :: Mr.C. Paranthaman

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This Civil Miscellaneous Appeal has been filed as against the order dated 15.09.2011 passed by the Deputy Commissioner of Labour-1 in W.C.No. 257 of 2008.

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The grievance of the appellant is that when the policy number of the vehicle involved in the accident was furnished before the authority, namely, the Deputy Commissioner of Labour-1, the authority ought to have called for the relevant documents and ascertained whether the policy was in force or not and thereafter, granted the relief. Without doing so, awarding compensation to the tune of Rs. 1,45,195/- together with interest @ 12% per annum, as against the claim made by the appellant for Rs.5 lakhs and directing the 1^st respondent/owner of the vehicle, instead of the Insurance Company, to pay the said amount, cannot be sustained.

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Heard both sides.

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https://hcservices.ecourts.gov.in/hcservices/

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subsequent to the order of the authority dated 15.09.2011, the Insurance Company has deposited the compensation amount awarded by the authority on 11.09.2013, as the policy was in force on the date of accident. Eventhough the policy was not marked, when the policy number had been furnished by the appellant before the authority, the authority ought to have ascertained about the existence of the policy with the Insurance Company before granting the relief in favour of the appellant as against the owner. Now, that the amount has been deposited by the Insurance Company, the order of the Deputy Commissioner of Labour-1 dated 15.09.2011 in W.C.No. 257 of 2008 is set aside insofar as it directs the 1^st respondent/owner of the vehicle to pay the compensation amount and the said authority is directed to release the amount, if any deposited by the Insurance Company to the credit of W.C. No. 257 of 2008 within a period of four weeks from the date of receipt or production of a copy of this order. The Civil Miscellaneous Appeal is disposed of accordingly. No costs. Connected M.P. is closed.

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-s/d-
Assistant Registrar(co)
Dated:04/12/2014
True Copy
Sub-Assistant Registrar
nv
To,
1.The Deputy Commissioner
(for Workman's Compensation )Labour, Chennai
2.The Section Officer, VR Section,High Court
Madras
+1 cc to Mr.M.Selvam, Advocate sr.49790
+1 cc to Mr.C.Paranthaman Advocate sr.49692
C.M.A. No. 666 of 2014
lrs(co)
aa04/12/2014

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https://hcservices.ecourts.gov.in/hcservices/

G/ Jeevarathinam v. K. Basheer Ahamed

Case brief

What is this about?

What did the court decide?

G/ Jeevarathinam v. K. Basheer Ahamed

Case brief

What is this about?

What did the court decide?

What the court decided

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