The High Court dismissed an appeal against a compensation award granted to an injured workman. Finding no substantial question of law raised, the court confirmed the lower authority's finding of employer liability and dismissed the appeal.
The Civil Miscellaneous Appeal stands dismissed; the award of Rs.3,56,522 with interest is confirmed.
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 : 03.02.2021 CORAM THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
C.M.A.No.1049 of 2015 M.P.No.1 of 2015
M.Nithyanandham Sri Kanaga Lakshmi Industries No.1, Renuga Mahal, Lurthu Mada Street, Krishnamoorthi Nagar, Chennai-600 118 ..Appellant vs. 1.D.Tamilselvan 2.The Deputy Commissioner of Labour, Office of the Deputy Commissioner, DCL-1, DMS Compound, Teynampet, Chennai-600 006. 3.Manogaran, Sri Kanaga Lakshmi Industries No.1, Renuga Mahal, Lurthu Mada Street, Krishnamoorthi Nagar, Chennai-600 118. .. Respondents PRAYER : Civil Miscellaneous Appeal filed under Section 30 of Workmen Compensation Act, against the order passed by the Deputy Commissioner of Labour-1, Chennai-6 in W.C.No.43 of 2012 dated 16.03.2015.
For Petitioner : Mr.M.Sunil Kumar For Respondents : M/s.A.Sulochana for R1 R3-Given up R2-not ready in notice
O R D E R
The Civil Miscellaneous Appeal is filed against the order passed by the Deputy Commissioner of Labour-1, Chennai-6 in W.C.No.43 of 2012 dated 16.03.2015.
Lakshmi Industries. While the first respondent was working with heavy machine, he sustained injuries viz., Crush AmputationPartial- (P), Right hand crush injury, without St.Palm, Dorsum, Forearm, Compound Fracture II, III, MC, with Exterior Muscles, Forearm, CMC Joint Dislocation-Subluxation-Carpal Bones. The accident occurred on 03.10.2009 at about 9.00 a.m. The first respondent was admitted in the Government Stanley Hospital and took treatment as in-patient till 31.10.2009. In view of the fact that the first respondent sustained grievous injuries, he filed an application seeking compensation under the Workmen's Compensation Act. The Deputy Commissioner of Labour adjudicated the issues with reference to the documents and evidence produced by the parties. The factum regarding the accident was established and the employer-employee relationship was also established. The accident occurred during the course of employment. This being the factum established, the Deputy Commissioner of Labour awarded a compensation of Rs.3,56,522/(Rupees Three Lakhs Fifty Six Thousand Five Hundred and Twenty Two Rupees Only) along with interest at the rate of 12% per annum.
-s/dAssistant Registrar
True Copy
Sub-Assistant Registrar
To The Deputy Commissioner of Labour-1, Teynampet Chennai-6.
+1 CC to Mr.M.Sunil Kumar, Advocate sr 6101.
C.M.A.No.1049 of 2015
BS(CO) SP(02/03/2021)
2 issues framed by the court
Whether the Civil Miscellaneous Appeal against the compensation award should be dismissed for lack of substantial question of law.
Whether the impact of grievous injury on the employee entitles him to compensation under the Act.
1 provisions across 1 enactments
M.Nithyanandam
D.Tamilselvan
The Deputy Commissioner of Labour
Manogaran
S.M.S. Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
