1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.08.2011 CORAM THE HONOURABLE MR.JUSTICE A.SELVAM C.M.A(MD)No.924 of 2011 and MP(MD)No.1 of 2011 Divisional Manager M/s.Oriental Insurance Company Ltd Coimbatore. .. Appellant/2nd Respondent Vs. 1.K.Andi 2.A.Malarvhizhi 3.A.Mohan 4.The Managing Director Sri Palani Murugan Enterprises Ltd Textile Mill, Coimbatore. .. Respondents(Petitioners and 4th Respondent) Civil Miscellaneous Appeal filed under section 30 of the Workmen's Compensation Act against the award dated 03.02.2011 passed in W.C.No.272 of 2006 by the Commissioner for Workmen's Compensation (Deputy Commissioner of Labour), Madurai. For Appellant : Mr.K.Bhaskaran For RR – 1 to 3 : Mr.K.Sekar JUDGMENT The award passed in W.C.No.272 of 2006 by the Commissioner for Workmen's Compensation (Deputy Commissioner of Labour), Madurai is being challenged in the present Civil Miscellaneous Appeal. 2. The respondents 1 to 3 herein as petitioners have filed W.C.No.272 of 2006 on the file of the Commissioner for Workmen's Compensation (Deputy Commissioner of Labour), Madurai praying to pass an award of Rs.2,37,312/- by way of compensation due to the demise of Ranjith who served under the first respondent. 3. The Commissioner for Workmen's Compensation (Deputy Commissioner of Labour), Madurai after considering the evidence available on record has passed the award in question for a sum of Rs.3,04,829/-. Against the award passed by the Commissioner for Workmen's Compensation (Deputy Commissioner of Labour), Madurai the present Civil Miscellaneous Appeal has been preferred at the instance of the second respondent as appellant. https://hcservices.ecourts.gov.in/hcservices/ 2 4. The learned counsel appearing for the appellant/second respondent has contended that the specific case of the petitioners is that after the demise of Ranjith the first respondent has in aggregation paid Rs.70,000/- and the same has been mentioned in the petition and the petitioners have arrived total amount of compensation at Rs.3,07,312/- and after deducting Rs.70,000/- they claimed only Rs.2,37,312/-. But the Commissioner for Workmen's Compensation (Deputy Commissioner of Labour), Madurai has not given proper credit to the amount already paid to the petitioners and erroneously passed the award in question for a sum of Rs.3,04,829/- and therefore, the amount already received by the petitioners is liable to be deducted from the total compensation of Rs.3,04,829/-. 5. Considering the nature of grievance expressed on the side of the appellant/second respondent notice need not be sent to the fourth respondent. 6. The learned counsel appearing for the appellant/second respondent has put forth his contention on the basis of the averments made in the petition as well as the evidence given on the side of the petitioners. In the petition it has been clearly stated that after the demise of Ranjith the first respondent has in aggregation paid Rs.70,000/- by way of compensation to the petitioners. The petitioners have arrived the entire amount of compensation to the tune of Rs.3,07,312/- and after deducting Rs.70,000/- they claimed only Rs.2,37,312/-. But as rightly pointed out on the side of the appellant/second respondent the Commissioner for Workmen's Compensation (Deputy Commissioner of Labour), Madurai has passed the impugned award to the tune of Rs.3,04,829/- and the amount of Rs.70,000/- already received by the petitioners has not been deducted and after deducting Rs.70,000/- the petitioners are entitled to get only Rs.2,34,829/- and to that extent the impugned award is liable to be modified. 7. In fine, this Civil Miscellaneous Appeal is allowed in part without cost. Connected Miscellaneous Petition is closed and the award passed in W.C.No.272 of 2006 by the Commissioner for Workmen's Compensation (Deputy Commissioner of Labour), Madurai is modified as follows: The respondents 1 to 3/petitioners are entitled to get Rs.2,34,829/- by way of compensation. In others aspects, the award in question is confirmed. Sd/- Assistant Registrar (CO) /True Copy/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 3 To The Commissioner for Workmen's Compensation (Deputy Commissioner of Labour), Madurai Copy to the Recork Keeper(VR Section) Madurai Bench of Madras High Court, Madurai mj ssk/20.09.2011 /3c-3p/- CMA(MD)No.924 of 2011 https://hcservices.ecourts.gov.in/hcservices/