G.v.Vishwanathan v. Selvi
Case brief
What is this about?
The High Court dismissed the employer's appeal against the Workmen's Commissioner's award for death compensation, upholding the apportionment of liability between the employer and insurer.
What did the court decide?
The compensation claimants permitted to withdraw the deposited compensation amount from the employer and the insurer; no costs to the employer.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 04.03.2020 CORAM :
The HON'BLE MR.JUSTICE M.DURAISWAMY C.M.A.No.3449 of 2009 and M.P.No.1 of 2009
G.V.Vishwanathan ... Appellant
Vs.
1.Selvi 2.Minor Jeeva 3.Minor Poovika 4.Kaliammal 5.The Branch Manager, New India Assurance Company Ltd., No.12, New Hospital Road, Gobichettipalayam Post, Erode, District. ... Respondents (R2 & R3 are minors and rep by their mother 1st respondent)
Appeal filed under Section 30 of the Workmen's Compensation Act, 1925, against the order dated 03.04.2009 made in W.C.No.522 of 2005 on the file of the Commission for Workmen's Compensation and Deputy Commissioner of Labour, Salem. For Appellant : Mr.R.Marudhachalamoorthy For Respondents : Mr.M.Nandhakumar for Mr.S.Ramesh Kumar (R1 to R3) R4 & R5 – no appearance
O R D E R
Challenging the Award passed by the Commissioner for Workmen's Compensation and Deputy Commissioner of Labour, Salem in W.C.No.522 of 2005, the employer has filed the above appeal.
2.The respondents 1 to 4 filed W.C.No.522 of 2005 claiming a total compensation of Rs.10,10,000/- together with interest and costs of Rs.5,000/- for the death of one Subramaniam in the course of employment.
Issues for consideration
1 issue framed by the court
Whether the Workmen's Commissioner erred in directing the employer to pay the balance compensation instead of fastening entire liability on the insurance company.
Parties & counsel
- appellant
G.V. Vishwanathan
- respondent
Selvi
- respondent
Minor Jeeva
- respondent
Minor Poovika
- respondent
Kaliammal
- respondent
Case details
As recorded by the court registry
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