Nationl Ins.Co.Ltd., v. Chitra

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.12.2016

CORAM

THE HON'BLE MR.JUSTICE N. SESHASAYEE C.M.A.No.4 of 2004 and CMP.No.28 of 2004 National Insurance Company Ltd., Branch Office II Erode -11.

.. Appellant/II OPP.Party Vs 1.Chitra 2.Mahendran 3.Minor Balaji 4.Minor Priya Minors represented by mother & NF Chitra 5.Umadevi .. Respondents/Applicants 1 to 4 & Ist OPP.Party Prayer : Civil Miscellaneous Appeal preferred under Section 30 of the Workmen's Compensation Act, 1923 against the order made in W.C.No.230 of 1997 dated 23.10.2000 on the file of Commissioner for Workmen's Compensation, Deputy Commissioner of Labour, Salem. For Appellant : Mr.N.Vijayaraghavan For Respondents : No appearance

JUDGMENT

The appeal has been filed by the Insurance Company against the award dated 23.10.2000 in the Workmen Compensation claim for Rs.1,66,290/- for the death of one P.Varadharaj, in favour of his widow and three children of the deceased for the claim.

2.The occurrence was on 16.07.1997 and it is now more than two decades. Although the appellant has been taking steps to serve notice, this Court finds no purpose to further adjourn and keep the appeal pending for service of notice.

3. The matter involves a factual question as to whether the death was due to the employment and in the course of employment, the Deputy Commissioner of Labour has given a factual findings in favour of the claimants

based on his appreciation of evidence . Such findings cannot, in the view of this Court, be overturned in view of the limited scope of appeal permissible under Section 30 of the Workmen's Compensation Act.

4. In view of the above, as no purpose would be served by further delaying disposal, this Court is inclined to dismiss the appeal. Accordingly, the appeal stands dismissed, but without costs.

ds Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To:

1 The Commissioner for Workmen's Compensation, Deputy Commissioner of Labour, Salem 2 The Section Officer, V.R.Section, High court, Madras-104.

+1cc to M/S N.Vijayaraghavan, Advocate Sr.72034 C.M.A.No.4 of 2004 MSM(CO) RVR 10/01/2017

07.12.2016