BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Reserved on : 16.10.2025

Pronounced on : 07.01.2026

CORAM:

THE HONOURABLE MS.JUSTICE R.POORNIMA

C.M.A.(MD)No.1366 of 2009

United India Insurance Company Ltd.,

Branch Office,

M.P.S. Complex, 2^nd Floor,

R.F.Road,

Palani – 624 601. ... Appellant/ 2^nd Respondent

Vs.

1.P.Thandapani ...1^st Respondent / Petitioner

2.P.Ramasamy ...2^nd Respondent/ 1^st Respondent

PRAYER: Civil Miscellaneous Appeal filed under Section 30 of the Workmen's Compensation Act, 1923, to set aside the award passed by the Deputy Commissioner for Workmen's Compensation, Dindigul in W.C.No.12 of 2006 dated 30.09.2009 and allow this Civil Miscellaneous

Appeal.

For Appellant : Mr.C.Jawahar Ravindran For Respondents : Mr.B.Janarth Kumar – for R1

JUDGMENT

nd The Appellant/2 Respondent /Insurance Company has filed this Civil Miscellaneous Appeal against the award dated 30.09.2009 passed in W.C.No.12 of 2006 by the Deputy Commissioner for Workmen's Compensation, Dindigul.

2. Brief facts of the petition filed by the petitioner before the Tribunal are as follows:

a) The petitioner was working as a driver under the first respondent. On 13.04.2005 at about 8.15 p.m., at Dharapuram to Karur Road, Near Karmuzhil Natru Pannai, at the relevant time, while discharging duties as a driver, he was driving the vehicle bearing Registration No.TCU-2288, with care and caution proceeding from Dharapuram to Karur Road, Near Karmuzhil Natru Pannai from West to East on the extreme left side of the road with slow speed. At that time, a Tempo 407 Van driven by its driver in a rash and negligent manner came from opposite direction from East to West and hit the petitioner vehicle, despite the petitioner having given a hand signal with right hand to the lorry, hit the vehicle of the petitioner and caused the accident. Due to the said accident the petitioner's right hand was completely crushed. He was immediately admitted to the Government Hospital, Dharapuram for treatment and referred to the Government Hospital, Coimbatore, for further treatment. The petitioner underwent surgery and during which his entire right hand was amputated as advised by the medical professional.

b) Due to amputation of his right hand, the petitioner has suffered 100% permanent disability and is unable to continue his work as driver or engage any other gainful employment. He has been physically and mentally affected by quotation and center. Future life has been rendered bleak c) A case was registered before Dharapuram Police Station in Crime No.337 of 2005 and the same is pending. At the time of accident, he was aged about 26 years. And was earning a sum of Rs. 5,000/- as monthly salary along with a daily Bata of Rs.100/- from the 1st respondent. Since the accident occurred in the course of employment, He claimed a sum of Rs.10,00,000/- towards compensation.

3. Brief averments contained in the counter filed by the 2nd respondent, are as follows:

(i) The 2nd respondent disputed the claim amount and intended that the claimant who was the driver did not processed a valid driving license. The second respondent, also disputed the claimant’s employment, income and injuries sustained.

4. During the trial, on the side of the petitioner, P.W.1 and P.W.2 were examined and Ex.P1 to Ex.P9 were marked. On the side of the 2nd respondent, R.W.1 was examined and Ex.R1 and Ex.R.2 were marked.

5. After hearing the parties, the Tribunal allowed the petition and awarded a sum of Rs.4,04,621/- towards compensation. The Tribunal directed the appellant/2nd respondent/Insurance Company to pay the entire award amount within a period of thirty days.

6. Aggrieved by the said order, the present Civil Miscellaneous Appeal has been filed by the Insurance Company, who is the 2nd respondent before the Tribunal against the liability fixed on them on the following among other grounds:

a) That the Labour Commissioner erroneously directed the appellant to pay the compensation, though it was established that at the time of accident, t