S.Srinivasan v. Mr.S.Venkatesan,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN C.M.A.No.2998 of 2006 S.Srinivasan ... Appellant/Appellant vs

1. S.Venkatesan

2. The New India Insurance Co. Ltd., No.45, Moore Street, Chennai - 600 001.

...Respondents/Opposite parties

Civil Miscellaneous Appeal filed against the order dated 27.02.2006 passed in W.C.No.48 of 2005 by the Deputy Commissioner for Labour-I (Commissioner for Workmen's Compensation-I), Chennai - 600 006 and pass an award for a sum of Rs.25,365/- against the Respondents by the Second respondent with interest at the rate of 12% P.A.from the date of accident. For appellant : : Mr.A.Shanmugaraj For Respondents : : No Appearance

J U D G M E N T

The appellant is the claimant, who is aggrieved by order dated 27.02.2006 passed by the Deputy Commissioner for Labour - I, (Commissioner for Workmen's Compensation - I), Chennai, in W.C.No.48 of 2005.

By the impugned order, the Deputy Commissioner of Labour - I, has awarded a sum of Rs.25,365/- and directed the second respondent to deposit the above compensation within 30 days, in default, direction was issued to deposit the above amount together with interest at 12% from the date of accident to till the date of deposit. Aggrieved by the same, the appellant is before this Court.

The learned counsel appearing for the appellant submits that the appellant met with an accident on 12.05.2000 and due to the same he sustained grievous injuries and due to Page numbers https://hcservices.ecourts.gov.in/hcservices/

which he lost his earning capacity.

The learned counsel submits that the Deputy Commissioner has erroneously fixed the disability at 10%, when the Doctor has assessed the disability to the tune of 20% and the Deputy Commissioner ought to have awarded interest at 12% from the date of accident.

When the matter is called, there is no representation for the respondents. I have considered the records of the case and the submissions made by the learned counsel appearing for the appellant.

The evidence of Doctor, who tendered evidence as P.W.3, has not stated that the appellant would no longer work as an Auto Driver. Therefore, I do not find any reason to interfere with the award passed by the Deputy Commissioner, but, at the same time I am inclined to interfere with the impugned order by directing the second respondent/Insurance Company to pay interest at 12% p.a. from the date of accident. Accordingly, the second respondent is directed to deposit the amount awarded by the Deputy Commissioner of Labour - I, together with interest at 12% p.a. from the date of accident, immediately. With the above direction, the civil miscellaneous appeal is disposed of. No cost. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar cgi To

1. The Deputy Commissioner for Labour-I (Commissioner for Workmen's Compensation-I), Chennai - 600 006.

Copy to: The Section Officer, V.R. Section, High Court, Madras.

+1cc to Mr.A.Shanmugaraj, Advocate SR.92283(04/01/2021) C.M.A.No.2998 of 2006 VBA(CO) CB(05/12/2019) Page numbers https://hcservices.ecourts.gov.in/hcservices/