LAWS(MAD)-2020-9-512

PRABHU Vs. GANESAN

Decided On September 21, 2020
PRABHU Appellant
V/S
GANESAN Respondents

JUDGEMENT

(1.) Heard Mr.F.Terry Chellaraja, learned counsel for the appellant/claimant, and Mr.C.Paranthaman, learned counsel for the second respondent/Insurance Company, through Video Conferencing due to COVID-19 pandemic.

(2.) This Civil Miscellaneous Appeal is directed against the impugned award passed by the learned Deputy Commissioner of Labour-II, Chennai, in W.C.No.P.No.261 of 2011, dated 23.04.2014, awarding a sum of Rs.3,74,528/-, failing which, Insurance Company shall pay 12% interest after 30 days from the date of accident till the payment of said sum.

(3.) Learned counsel appearing for the claimant/appellant herein submitted that the claimant was employed by the first opposite party as a mason with a monthly salary of Rs.12,000/-. On 26.12.2010, while the claimant was handling iron rod, suddenly, it hit on his right eye, due to which, he sustained grievous injuries and thereafter, he was taken to Sankara Nethralaya Ophthalmic Hospital for treatment and he was admitted as inpatient from 26.12.2010 to 30.12.2010. The first respondent herein has duly insured with the second respondent/Insurance Company and that policy bearing No.012601/41/10/01/00000364 is valid from 15.12.2010 to 14.12.2011. Therefore, on the date of accident, insurance policy was in existence, hence, the respondents 1 and 2 are liable to pay compensation to the claimant/appellant herein. Therefore, he has laid the claim petition before the learned Deputy Commissioner of Labour-II, Chennai, seeking compensation of Rs.10,00,000/- with interest at the rate of 15% per annum after 30 days from the date of accident.