Sundari Hiradasi Kovachi v. S.Mani

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.06.2022

CORAM

THE HONOURABLE MS. JUSTICE P.T.ASHA CMA.No.296 of 2022 1.Sundari Hiradasi Kovachi 2.Hiradasi Ramsingh Kovachi 3.Savita Hiradasi Kovachi ... Appellants/ Petitioners Vs

1. S.Mani

2. United India Insurance Co., Ltd., 146/N, IInd Floor, Kumar Complex, Anna Salai Tiruchengode Town & Taluk, Namakkal District. ... Respondents/ Respondents PRAYER: Appeal filed under Section 30 of Workmen's Compensation Act, 1925, to allow the above Civil Miscellaneous appeal and enhance the award amount the order dated 30/05/2020 made in E.C.63/2017 on the file of the Deputy Commissioner of Labour/Commissioner of Workmemen's Compensation Coonoor.

For Petitioner :

M/s C.Paraneedharan For Respondent :

M/r. D.Bhaskar [R.2] Not ready in notice [R.1] 1/4

JUDGEMENT The applicants before the Deputy Commissioner of Labour Workmen's Compensation, Connore (Camp at Namakkal) is the appellant before this Court questioning the non-grant of medical expenses to the tune of Rs.2,92,994.75/-.

2. However a perusal of the award passed by the Commissioner in EC.No.63 of 2017 would indicate that P.W.1/the 1st appellant in her cross examination has clearly and categorically admitted that the entire medical expenses has been borne by the employer of the deceased Jagdish @ Jagadish. Once it is shown that the appellants have not expended any amounts towards medical expenses then they cannot seek compensation for the same. Therefore, there is no merits in the appeal and consequently Civil Miscellaneous Appeal stands dismissed. No costs. 30.06.2022 Index : Yes/No Internet: Yes/No shr 2/4

To

1. The Deputy Commissioner of Labour Commissioner of Workmemens Compensation, Coonoor 2.The Section Officer, V.R.Section, High Court, Madras.

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P.T. ASHA, J, shr CMA.No.296 of 2022 30.06.2022 4/4