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D. Neppolian v/s M. Raja, Proprietor, G.M. Constructions, Chennai & Others


    C.M.A. No. 2334 of 2016

    Decided On, 28 February 2020

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN

    For the Appellant: K. Varadha Kamaraj, Advocate. For the Respondents: R1, J. Deliban, R2, G. Jeremiah, Advocates, R3, No appearance.



Judgment Text

(Prayer: Civil Miscellaneous Appeal filed under Section 30 of the Workmen's Compensation Act, 1923 against the order dated 07.10.2014 made in W.C.No.166 of 2010 on the file of the Commissioner for Workmen's Compensation, (Deputy Commissioner of Labour-I), Chennai.)1. Aggrieved by the order dated 07.10.2014 passed by the Commissioner for Workmen's Compensation/Deputy Commissioner of Labour-I, Chennai in W.C.No.166 of 2010, the Claimant has come up with the present Appeal, seeking enhancement of compensation.2. It is represented by the Appellant/Claimant that, he suffered an accident out of and in the course of employment. It is his contention that, the Authority ought not to have rejected the claim.3. It is seen that, the Appellant, without making the Management as a party, made another staff as a party Respondent and even though, it was brought to the attention of the Authority, no steps have been taken to implead the Management as a party to the proceedings. Even assuming for the sake of argument that, the Appellant was employed at M/s.G.M. Constructions through a Contractor, the Appellant ought to have made the Principal employer and the immediate employer as necessary parties, before proceeding further.4. This Court, however, has impleaded the employer of the Appellant viz. M/s.G.M. Constructions, as party to the Appeal. Having suffered an order, even assuming that the Appellant/Claimant has got a prima facie case, this Court cannot grant the relief sought by him, as parties have to tender evidence before the forum and the matter needs to be sent back to the Authority concerned for fresh adjudication.5. At this stage, this Court suggested a compromise and Mr.G.Jeremiah, learned counsel appearing for M/s.G.M.Constructions submitted that, the Management has already paid a sum of Rs.2,00,000/- to the Appellant towards his treatment and that, the Management has agreed to pay a further sum of Rs.1,50,000/- to the Appellant/Claimant, in full quit, and the Appellant/Claimant has agreed to accept the same.6. Recording the submissions of the learned counsel for the Appellant/Claimant and the Respondents/Management, by treating the verbal statement of the Management viz. M/s.G.M. Constructions that, they will pay a further sum of Rs.1,50,000/- to the Appellant, and the claimant's acceptance as one under Section 28 of the Workmen's Compensation Act, this Court directs the Management viz. M/s.G.M.Constructions to pay a sum of Rs.1,50,000/- (Rupees One Lakh and Fifty Thousand only) to the Appellant/Clai

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mant as full quit, within a period of 30 days from the date of receipt of a copy of this order. It is made clear that, if the amount is not paid within the time stipulated, it will carry interest at 12% per annum.This Civil Miscellaneous Appeal is disposed of accordingly. No costs.
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