G.Anbu v. J.Baskar
Case brief
What is this about?
Appeal against workmen's compensation award. Court found the Deputy Commissioner incorrectly fixed monthly income at Rs.6784/- against the Central Government notification of Rs.8000/-. Order modified compensation to Rs.3,22,795/- with interest.
What did the court decide?
Compensation enhanced from Rs.2,73,730/- to Rs.3,22,795/- with 12% p.a. interest; insurance company directed to deposit balance amount.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.11.2020
CORAM
THE HONOURABLE MR.JUSTICE T.RAJA
CMA.NO.3073 of 2019
G.Anbu ... Appellant
vs
1.J.Baskar ... Respondents 2.United India Insurance Company, No.134, Silingi Buildings, 4th Floor, Chennai-600 006.
Civil Miscellaneous Appeal filed against the award dated 07.09.2018 made in W.C.No.63/2013 on the file of the Deputy Commissioner for Workmen's Compensation-I, Chennai-6.
For Appellant : Mr.F.Terry Chellaraja For Respondents : No appearance JUDGMENT
This Civil Miscellaneous Appeal has been directed against the award dated 07.09.2018 made in W.C.No.63/2013 on the file of the Deputy Commissioner for Workmen's Compensation-I, Chennai-6.
- The appellant, was engaged as a driver by the 1st respondent in his Auto bearing Registration No.TN-09-AL-0104 and while he was on duty on 11.01.2013 at about 17.00 hours, the said vehicle met with an accident at Nandanam Pasumpon Muthuramalingam Road in front of Tihuge Swing Restaurant by dashing against a Car, bearing Registration No.TN-22-CB-4565, as a result, the appellant sustained grievous injuries, namely, 1. Closed fracture proximal tibia; 2. Multiple injuries in all over the body. Thereafter, he took first aid treatment in Venkateswara Hospital, Chennai. Subsequently, he has taken inpatient treatment in Government General Hospital, Chennai. Therefore, the appellant filed the claim petition before the Deputy Commissioner of Labour-I, Chennai in W.C.No.63 of 2013 claiming compensation on the ground that the accident occurred during the course of his employment and the said vehicle was insured with the 2nd respondent Insurance Company. The Deputy Commissioner of Labour-I, Chennai passed an award on 07.09.2018 directing the second respondent Insurance company, being the
Issues for consideration
3 issues framed by the court
Whether the learned Deputy Commissioner of Labour-I was correct in fixing the monthly income at Rs.6784/- instead of the notified rate of Rs.8000/-.
Whether the quantum of workmen's compensation should be enhanced to reflect the correct minimum wages fixed by the Central Government.
Whether the insurance company is directed to deposit the balance enhanced compensation amount with interest.
Parties & counsel
- appellant
G.Anbu
- respondent
J.Baskar
- respondent
United India Insurance Company
Coram
Case details
As recorded by the court registry
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