The divisional court dismissed an appeal by a National Insurance Company against a workmen's compensation award. The court held that factual findings regarding employment-related death could not be overturned, noting the limited scope of appeal under the Act and the御 time elapsed since the accident.
Appeal dismissed; award of Rs.1,66,290/- upheld; no costs awarded.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 07.12.2016
THE HON'BLE MR.JUSTICE N. SESHASAYEE
C.M.A.No.4 of 2004
National Insurance Company Ltd., Branch Office II Erode -11. .. Appellant/II OPP.Party Vs 1.Chitra 2.Mahendran 3.Minor Balaji 4.Minor Priya Minors represented by mother & NF Chitra 5.Umadevi .. Respondents/Applicants 1 to 4 & Ist OPP.Party Prayer : Civil Miscellaneous Appeal preferred under Section 30 of the Workmen's Compensation Act, 1923 against the order made in W.C.No.230 of 1997 dated 23.10.2000 on the file of Commissioner for Workmen's Compensation, Deputy Commissioner of Labour, Salem. For Appellant : Mr.N.Vijayaraghavan For Respondents : No appearance
JUDGMENT
The appeal has been filed by the Insurance Company against the award dated 23.10.2000 in the Workmen Compensation claim for Rs.1,66,290/- for the death of one P.Varadharaj, in favour of his widow and three children of the deceased for the claim.
2.The occurrence was on 16.07.1997 and it is now more than two decades. Although the appellant has been taking steps to serve notice, this Court finds no purpose to further adjourn and keep the appeal pending for service of notice.
based on his appreciation of evidence . Such findings cannot, in the view of this Court, be overturned in view of the limited scope of appeal permissible under Section 30 of the Workmen's Compensation Act.
ds
Sd/-
Asst.Registrar
/true copy/
Sub Asst. Registrar
To:
1 The Commissioner for Workmen's Compensation,
Deputy Commissioner of Labour,
Salem
2 The Section Officer, V.R.Section, High court,
Madras-104.
+1cc to M/S N.Vijayaraghavan, Advocate Sr.72034
C.M.A.No.4 of 2004
MSM(CO)
RVR 10/01/2017
07.12.2016
1 issue framed by the court
Whether the limited scope of appeal under Section 30 permits overturning factual findings of the workmen's compensation commissioner regarding death in the course of employment.
1 provisions across 1 enactments
National Insurance Company Ltd.
Chitra Mahendran
Balaji
Priya
Umadevi
N. SESHASAYEE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
