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2017 DIGILAW 596 (MAD)

National Insurance Company Ltd. , Chennai v. S. Arumugasamy

2017-03-10

G.CHOCKALINGAM

body2017
JUDGMENT : 1. This civil miscellaneous appeal is directed against the award dated 25.10.2004 made in W.C.No.130 of 2004 on the file of the Commissioner for Workmen's Compensation, Court No.II, (Deputy Commissioner of Labour-II, Chennai - 600 006. 2. Heard the learned counsel appearing for the appellant and the learned counsel appearing for the first respondent. 3. The learned counsel for the appellant/insurance company would mainly contend that the Commissioner for Workmen's Compensation II/Deputy Commissioner of Labour-II, Chennai - 6, has failed to take into consideration the relevant materials placed before him and also failed to consider the documents Ex.A.1-FIR and Ex.A.6-Permit and erroneously fixed the liability on the appellant/insurance company. Hence, the award passed by the Commissioner for Workmen's Compensation II/Deputy Commissioner of Labour-II, Chennai, has to be set aside and the civil miscellaneous appeal has to be allowed. 4. The learned counsel appearing for the first respondent would contend that the Commissioner for Workmen's Compensation II/Deputy Commissioner of Labour-II, Chennai - 6, after considering the entire evidence adduced on either side, awarded appropriate compensation and therefore, there is no illegality or infirmity in the award passed by the Commissioner for Workmen's Compensation II, and hence, the award passed by the Commissioner has to be confirmed and the appeal has to be dismissed. Even though notice was served on the second respondent and his name is also printed in the cause list, he has not chosen to appear either in person or through counsel. 5. This Court has considered the arguments made by the learned counsel appearing for the appellant and the learned counsel appearing for the first respondent and perused the entire materials. 6. In this case, the Commissioner for Workmen's Compensation II, after considering the entire facts and circumstances of the case, correctly passed an order directing the appellant herein/insurance company to pay a sum of Rs.1,19,640/- towards compensation to the first respondent herein/claimant. Further, in this case, it is admitted by both sides that the said award amount has been deposited by the appellant/insurance company before the trial Court and the first respondent/claimant has also withdrawn the same. Further, in this case, it is admitted by both sides that the said award amount has been deposited by the appellant/insurance company before the trial Court and the first respondent/claimant has also withdrawn the same. In view of this, this Court is of the considered view that there is no illegality or infirmity in the award passed by the Commissioner for Workmen's Compensation II and this Court finds no reason to interfere with the award passed by the Commissioner for Workmen's Compensation II, which does not warrant any interference by this Court and hence, the civil miscellaneous appeal deserves to be dismissed. 7. In the result, the civil miscellaneous appeal is dismissed by confirming the award and decree dated 25.10.2004 made in W.C.No.130 of 2004 on the file of the Commissioner for Workmen's Compensation, Court No.II, (Deputy Commissioner of Labour-II, Chennai - 600 006. The connected miscellaneous petition is closed. There shall be no order as to costs.