This appeal challenged an order fixing workmen's compensation liability on the employer due to a policy gap regarding vehicle types. The court dismissed the appeal, holding the departmental order final as the policy excluded heavy vehicle coverage.
The Civil Miscellaneous Appeal is dismissed. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.01.2020 CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
CMA.No.629 of 2011
vs.
Civil Miscellaneous Appeal filed under Section 30 of the Workmen's Compensation Act, 1923 against the order dated 10.12.2009 received on 3.4.2010 made in W.C.No.292 of 2006 on the file of the Commissioner, Workmen's Compensation (Deputy commissioner of Labour-I, Chennai-6) in exonerating the 2nd respondent/Insurance Company from paying compensation to the appellants/claimants.
For Petitioner : Mr.N.S. Sivakumar
For Respondents : Mr. J.Michael Visuvasam
JUDGMENT
Challenge in this appeal is to the order of the Commissioner, Workmen's Compensation (Deputy Commissioner of Labour-I) dated 10.12.2009 made in W.C.No.292 of 2006, wherein, the authority has granted compensation of Rs.4,44,564/- for an extent, apart from funeral expenses, to the legal representatives of the deceased, for the death of the deceased, who died in an accident on 17.8.2005, that arose out of and during the course of his employment and foisted the liability on the 1st respondent under Workmen's Compensation Act in W.C.No.292 of 2006, vide his order dated 10.12.2009.
(msr)
Sd/-
Assistant Registrar
//True copy//
Sub Assistant Registrar
To :
The Commissioner,
Workmen's Compensation
(Deputy commissioner of Labour-I, Chennai-6)
+1cc to Mr.J.Michael Visuvasan, Advocate SR.No.6930
+1cc to M/s N.S.Sivakumar, Advocate SR.No.7162
CMA.No.629 of 2011
BP(CO) mst(26/05/2020)
29.01.2020
2 issues framed by the court
Whether the insurance policy covering commercial vehicles applies to incidents involving heavy vehicles when the deceased lacked the appropriate license.
Whether the liability to pay compensation lies with the employer rather than the insurance company.
1 provisions across 1 enactments
Ponni
Ramamurthi
P Senthilnathan
The Divisional Manager, United India Insurance Co Ltd
S VAIDYANATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
