CMA(MD)/1672/2013 of THE BRANCH MANAGER, Vs THIRUGNANAMPARI @ PARIVALLAL, - Madras High Court (Madras High Court)

C.M.A(MD)No.1672 of 2013
  
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.06.2024
CORAM
THE HON'BLE MRS.JUSTICE S.SRIMATHY
C.M.A(MD)No.1672 of 2013
The Branch Manager,
United India Insurance Company Limited,
Seethalakshmi Complex,
Madurai – 625 006.
           
... Appellant
Vs.
1.Thirugnanampari @ Parivallal
2.R.Rajendran
... Respondents
PRAYER: Civil  Miscellaneous  Appeal  is  filed  under  Section  30  of  the 
Workmen's Compensation Act 1923, against the order, dated 15.10.2012, made in 
W.C.No.76  of  2011,  on  the  file  of  the  Workmen  Compensation  Deputy 
Commissioner of Labour, Madurai.
  For Appellant
  : Mr.A.S.Mathialagan
  For R1
  : Mr.C.M.Mari Chelliah Prabhu
    for M/s.Eddy and Emboss
*****
JUDGMENT
The Insurance Company has preferred this Civil Miscellaneous Appeal.
2. It is a case of injury. While unloading  the goods, the claimant has 
suffered injury. The impugned order is passed under Workmen Compensation 
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C.M.A(MD)No.1672 of 2013
Act. 
3. The contention of the Insurance Company is that the injured was not 
engaged by the owner of the vehicle for unloading the goods. However, the 
vehicle is insured with the Insurance Company. The goods belong to one Perumal 
who has engaged the injured, but the said Perumal was not impleaded as a party. 
Further submitted that until the goods are sold, the goods belong to seller. Once 
goods are sold, then the goods belong to the buyer. Since the vehicle is delivering 
the goods the owner of the vehicle cannot be saddled with the liability. On 
perusing the policy, it is seen that there is no comprehensive insurance policy 
covering the owner of the goods who had sold the goods, the owner of the vehicle 
and the owner of the goods who had purchased it. This Court is of the considered 
opinion  that  the  owner  of  the  goods  who  had  purchased  the  goods  namely 
Perumal is also liable to pay compensation. Having held so, this Court is directing 
the Insurance Company to pay Rs.4,59,796/- with 12% interest. However, shall 
recover  Rs.1,50,000/-  from  the  owner  of  goods  namely  Perumal.  Thus,  the 
impugned order is modified accordingly.
4. The Appellant Insurance Company is directed to deposit Rs.4,59,796/- 
with interest at the rate of 12% per annum and costs to the credit of Deputy 
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C.M.A(MD)No.1672 of 2013
Commissioner of Labour, Madurai, less the amount already deposited, if any, 
within a period of four weeks from the date of receipt of a copy of this judgment. 
On such deposit, the claimant is permitted to withdraw the same with accrued 
interests and costs, less the amount already withdrawn by him, if any, by filing 
appropriate application before the Tribunal.  The appellant Insurance Company is 
entitled to recover Rs.1,50,000/- from the owner of the goods namely Perumal. 
5. Since the said Perumal is not a party in the Tribunal and also before this 
Court, the said Perumal is at liberty to adjudicate the issue when the Insurance 
Company would file the case for recovery of the amount. 
6. With the above said modification, the Civil Miscellaneous Appeal is 
disposed of.  No costs.
 
7.  Before parting with the judgment, this Court is inclined to record the 
lacuna in the policy. If a comprehensive policy is executed, the injured would be 
covered and the liability would be fixed on all the three persons. Since such a 
policy was not contemplated by the Insurance Company, this Court is of the 
considered  opinion  that  hereinafter,  if  the  Insurance  Company  execute  any 
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C.M.A(MD)No.1672 of 2013
insurance policy from the owner of the vehicle, the policy shall be executed 
covering liability on all the three owners namely the owner of goods who sell the 
goods, the owner of the vehicle and the owner of the goods who purchase the 
goods. So that the liability is fixed on all the concerned persons. 
 
 
  
            10.06.20

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