Reena v. Murugesan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.11.2023

CORAM:

MR.JUSTICE N.SESHASAYEE 1.Reena 2.Minor Diya 3.Minor Nivedhiya (The 2nd & 3rd minor petitioners are rep. by their next friend / guardian/ mother Reena) 4.Annadurai ... Appellants Vs.

1.Murugesan 2.United India Insurance Co. Ltd.

Regional Office, 171800, No.25 TNA Complex, Salem Road, Tiruchengode ... Respondents PRAYER:This Appeal is filed under Section 173 of Motor Vehicles Act, 1988, against the order in E.C.No.113 of 2021, dated 22.08.2022, on the file of the Joint Commissioner of Labour / Commissioner of Employee's Compensation, Salem.

For appellants :

Mr.T.S.Arthanareeswaran For respondents : Mr.J.Chandran - R2 R1 - D/w vide order dt.09.11.2023

JUDGMENT

This appeal is preferred on the ground that compensation awarded is inadequate.

2.The victim of the accident was certain Mohankumar, who was working as a driver of the lorry bearing Registration No.TN 30 BQ 0535, belonging to the 1st respondent. While so, on 05.08.2020 in the course of his employment, he suffered an injury and ultimately he passed away. Seeking compensation for the same, the heirs of the victim approached the Tribunal under the Employees' Compensation Act. The Tribunal has reckoned the income of the victim at Rs.15,000/- a month and determined the compensation payable at Rs.15,59,850/-. This is now under challenge. 3.Heard both sides. This Court carefully perused the materials on record and finds that there is no infirmity either in the approach of the Joint Commissioner of Labour / Commissioner of Employee's Compensation, Salem, or in the nature of the award that it has passed.

4.In this circumstances, this Court does not consider it necessary to interfere with the award of the Tribunal.

5.This appeal stands dismissed accordingly. No costs. 27.11.2023 kas Index : Yes / No To.

The Motor Accidents Claims Tribunal Sub Court Panruti.

N.SESHASAYEE, J.

kas 27.11.2023