w w w . L a w y e r S e r v i c e s . i n



Simmasanam v/s Project Executive, Valliammal Society & SRM Institute, Department of Construction, Chennai & Another


Company & Directors' Information:- L & W CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201KA2006PTC039095

Company & Directors' Information:- N H CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2006PTC144604

Company & Directors' Information:- C S CONSTRUCTION COMPANY PRIVATE LIMITED [Active] CIN = U45201DL2005PTC140236

Company & Directors' Information:- S K B PROJECT (INDIA) PRIVATE LIMITED [Active] CIN = U45202MP2008PTC020457

Company & Directors' Information:- S D CONSTRUCTION PVT LTD [Active] CIN = U45209WB1993PTC058947

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Company & Directors' Information:- L AND C CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201KA2001PTC028456

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Company & Directors' Information:- C R CONSTRUCTION PVT LTD [Active] CIN = U45209WB1960PTC024811

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Company & Directors' Information:- J S CONSTRUCTION PVT LTD [Active] CIN = U45201OR1981PTC000921

Company & Directors' Information:- A. H. PROJECT PRIVATE LIMITED [Active] CIN = U45400WB2010PTC141970

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Company & Directors' Information:- R S M CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45201DL2005PTC142245

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Company & Directors' Information:- S. P. CONSTRUCTION INDIA PRIVATE LIMITED [Active] CIN = U70100WB2019PTC233077

Company & Directors' Information:- PROJECT Q AND S PRIVATE LIMITED [Active] CIN = U74999HR2020PTC086437

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Company & Directors' Information:- K. G. G. CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45400MN2010PTC008256

Company & Directors' Information:- G N B B CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70101AS2004PTC007418

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Company & Directors' Information:- C S COMPANY CONSTRUCTION LIMITED [Active] CIN = U45201KL1997PLC011174

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Company & Directors' Information:- M N P CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45200MH1980PTC022351

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Company & Directors' Information:- B B G CONSTRUCTION PVT LTD [Strike Off] CIN = U45201WB1993PTC059618

Company & Directors' Information:- G S CONSTRUCTION PVT LTD [Strike Off] CIN = U45201WB1994PTC063238

Company & Directors' Information:- P S S S K CONSTRUCTION CO PVT LTD [Strike Off] CIN = U45201WB2006PTC107993

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Company & Directors' Information:- D P T CONSTRUCTION PRIVATE LIMITED [Active] CIN = U45202MH2001PTC131559

Company & Directors' Information:- J CONSTRUCTION INDIA PRIVATE LIMITED [Active] CIN = U45200TZ2012PTC018250

Company & Directors' Information:- K V R INSTITUTE PRIVATE LIMITED [Strike Off] CIN = U80903TN2001PTC046438

Company & Directors' Information:- AMP PROJECT PRIVATE LIMITED [Active] CIN = U45400WB2011PTC164997

Company & Directors' Information:- N B S D CONSTRUCTION PVT. LTD. [Strike Off] CIN = U45201WB1993PTC058364

Company & Directors' Information:- S K E CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45202JH2012PTC000666

Company & Directors' Information:- A K G CONSTRUCTION PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U45201DL2005PTC134347

Company & Directors' Information:- L J CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL2005PTC142321

Company & Directors' Information:- R H P CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U45203MP2001PTC014739

Company & Directors' Information:- R AND M CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U45202UP1994PTC017286

Company & Directors' Information:- B AND R CONSTRUCTION PVT LTD [Strike Off] CIN = U45201AS1990PTC003431

Company & Directors' Information:- J K CONSTRUCTION PVT LTD [Strike Off] CIN = U74210OR1987PTC001858

Company & Directors' Information:- B T CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U70101WB1997PTC085448

Company & Directors' Information:- P V CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U70100DL1998PTC097116

Company & Directors' Information:- M T CONSTRUCTION PVT LTD [Strike Off] CIN = U26933OR1985PTC001496

Company & Directors' Information:- A K CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U29248UR1982PTC005795

Company & Directors' Information:- P B CONSTRUCTION (INDIA) LIMITED [Strike Off] CIN = U01131TN1995PLC032650

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Company & Directors' Information:- B. CONSTRUCTION PVT. LTD. [Strike Off] CIN = U00894BR1989PTC003616

Company & Directors' Information:- Y S K CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201DL2005PTC134417

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Company & Directors' Information:- D I CONSTRUCTION PRIVATE LIMITED [Active] CIN = U74899DL1994PTC061454

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Company & Directors' Information:- U S CONSTRUCTION AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U45200MH2004PTC149583

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Company & Directors' Information:- A P S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45201BR1986PTC002374

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Company & Directors' Information:- B P CONSTRUCTION CO PVT LTD [Strike Off] CIN = U95201WB1955PTC022488

Company & Directors' Information:- A R CONSTRUCTION PVT LTD [Strike Off] CIN = U45201CH1988PTC008459

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Company & Directors' Information:- W & C CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45209PN2006PTC129169

Company & Directors' Information:- T & A CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400DL2007PTC164939

Company & Directors' Information:- S R S S CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45400DL2008PTC176504

Company & Directors' Information:- B C R CONSTRUCTION PRIVATE LIMITED [Active] CIN = U99999MH1979PTC021005

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Company & Directors' Information:- S B CONSTRUCTION CO LTD [Strike Off] CIN = U45208WB1947PLC014904

    C.M.A. No. 3584 of 2013

    Decided On, 07 January 2021

    At, High Court of Judicature at Madras

    By, THE HONOURABLE MRS. JUSTICE T.V. THAMILSELVI

    For the Appellant: M/s. M. Malar, Advocate. For the Respondents: R2, J. Michael Visuvasam, Advocate, R1, Exparte.



Judgment Text

(Prayer: Civil Miscellaneous Appeal is filed under Section 30 of the Workmen Compensation Act, pleased to set aside the award dated 18.04.2009 and made in W.C.No.239 of 2007 on the file of the learned Deputy Commissioner of Labour-I, Chennai.)1. Appellant herein is the petitioner who filed W.C.No.P.No.239 of 2007 before the Tribunal / learned Deputy Commissioner of Labour-I, Chennai, claiming compensation from the respondents for the injuries sustained by him due to the accident that had happened in the course of employment under first respondent and second respondent is the company in which first respondent is the insurer.2. After full trial, the Tribunal awarded a sum of Rs.3,22,560/-, ordered to deposit within 30 days, in case of default, interest is awarded from the date of petition till the deposit made by second respondent.3. Aggrieved by that order, the appellant preferred this appeal. First respondent remains ex-parte and second respondent is represented through his counsel.4. According to the appellant, he worked as mason, under the first respondent and involved in construction work in the project of first respondent. In the course of the work, he fell down and sustained grievous injuries. He has been admitted in the hospital for treatment. Even after the treatment, he was unable to walk and do the work as he did before. Hence, he claimed compensation.5. To prove the claim, the appellant / petitioner relied on Exs.P1 to P10. Oral evidence was also adduced on the side of the appellant / petitioner. Since first respondent remained ex-parte, the employer and employee relationship between first respondent and the appellant is impliedly admitted one, as per the document Ex.P5 Insurance policy, first respondent is insured with second respondent.6. Based upon Ex.P.1, discharge summary, the Tribunal / the learned Deputy Commissioner of Labour-I, Chennai concluded that during the course of employment with first respondent, the appellant sustained injuries. At the time of argument, the learned counsel for the appellant submitted that the Tribunal had erroneously fixed the loss of earning capacity only at 60%, but on considering the nature of the injuries sustained by the appellant, the Tribunal ought to have fixed loss of earning capacity at 100 %.7. But the learned counsel for second respondent strongly objected and submitted that though the appellant sustained injuries, he had not suffered any permanent disability. But the appellant is aggrieved with the fixation of loss of earning capacity at 60% by the Tribunal.8. As per Ex.P.1, discharge summary, the appellant sustained fractures and also took treatment as an inpatient for 88 days. The Doctor also certified that partial disability is 67%. So the facts reveal that he sustained multiple fracture, but not permanent disability. Admittedly, he was aged about 20 years at the time of accident, due to his younger age, his disability and the injuries sustained by him, may also get decreased in future. Therefore, the objection made by the appellant with regard to fixation of loss of earning capacity of 100% is unsustainable one. With regard to the other facts, the Tribunal has rightly fixed the salary and awarded him the said compensation.9. The learned counsel for the appellant raised another objection with regard to the interest awarded. As per the order of the Tribunal, in case of default, the appellant is entitled to claim interest from the date of the petition till the date of realisation. But, as clearly pointed out by the counsel for the appellant, the interest was not awarded from the date of accident which has happened on 09.08.2006.10. Admittedly, the case was disposed of by the trial Court / learned Deputy Commissioner of Labour-I, Chennai on 18.04.2009 and the appellant is entitled to claim interest from the date of accident till the date of realisation of the amount. However, only on 05.07.2013, after filing of this appeal, the award amount alone was deposited and the same was withdrawn by the appellant. But as discussed above since the amount was not deposited within the stipulated period, the appellant is entitled for the interest amount from the date of accident till the amount was deposited on 05.07.2013.11. Therefore, the appeal is partially allowed with the modification that the appellant is entitled for the interest for the award amount from the date

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of accident till the amount was deposited on 05.07.2013 at the rate of 12%. Hence, the Tribunal / learned Deputy Commissioner of Labour-I, Chennai is directed to deposit the interest amount from the date of accident till the realisation of the award amount to the appellant within a period of four weeks from the date of receipt of a copy of the judgment.12. With regard to other findings, the order passed by the Tribunal is confirmed. Accordingly the appeal is partly allowed. No Costs.
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