{"id":121645,"date":"2010-08-26T00:00:00","date_gmt":"2010-08-25T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/k-gnanamurthy-vs-g-ashok-kumar-on-26-august-2010"},"modified":"2015-01-09T09:15:09","modified_gmt":"2015-01-09T03:45:09","slug":"k-gnanamurthy-vs-g-ashok-kumar-on-26-august-2010","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/k-gnanamurthy-vs-g-ashok-kumar-on-26-august-2010","title":{"rendered":"K.Gnanamurthy vs G.Ashok Kumar on 26 August, 2010"},"content":{"rendered":"
Madras High Court<\/div>\n
K.Gnanamurthy vs G.Ashok Kumar on 26 August, 2010<\/div>\n
       \n\n  \n\n  \n\n \n \n IN THE HIGH COURT OF JUDICATURE AT MADRAS\n\nDATED: 26.08.2010\n\nCORAM:\n\nTHE HONOURABLE  MR.JUSTICE B.RAJENDRAN\n\nC.M.A.Nos.821 of 2007\nand M.P.No.1 and 2 of 2007 &\nC.M.A.No.2423 of 2006 \nand M.P.No.1 of 2006\n\nK.Gnanamurthy\t\t\t\t... Appellant in C.M.A.No.821\/2007\nNatarajan\t\t\t\t      \t... Appellant in C.M.A.No.2423\/2006\n\nVersus\n\n1.G.Ashok Kumar\n2.P.Nataraj\t\t                    ... Respondents in C.M.A.No.821\/2007\n\n1.G.Ashok Kumar\n2.Gnanamurthy \t\t\t  ... Respondents in C.M.A.No.2423\/2006\n\n \t\t\t\nPrayer in C.M.A.No.821\/2007:\tAppeal filed under Section 30 of the Workmen's Compensation Act, 1923 against the order of the Learned Commissioner of Workmen Compensation & Deputy Commissioner for Labour, Coimbatore in so far as the appellant is concerned in W.C.No.194 of 1997 dated 31.03.2006\n\nPrayer in C.M.A.No.2423\/2006:\tAppeal filed under Section 30 of the Workmen's Compensation Act, 1923 against the order dated 31.03.2006 (Received on 28.06.2006) made in W.C.No.194 of 1997 on the file of the Commissioner for Workmen's Compensation Deputy Commissioner of Labour, Coimbatore.\n\t\tFor Appellant\t\t:\tMr.S.Nagarajan\n\t\tFor Respondents\t\t:\tMrs.Karolin Geetha for R1\n\t\t\t\t\t\t\tMr.N.Manokaran for R2\n\nO R D E R\n<\/pre>\n
\tThe two appeals filed against the award passed by the Deputy Commissioner for Labour under the Workmen’s Compensation Act, 1923 in respect of injury caused to a person doing the constructing buildings work.  One appeal has been filed by the owner of the house and other appeal has been filed by the Contractor.  According to the claimant, he was working as a worker under the contractor appellant in C.M.A.No.821 of 2007 in the house constructed by the owner appellant in C.M.A.No.2423 of 2006, he fell down from the roof.  Therefore, he was unable to work and the doctor has certified 75% disability and in as much as he was a worker working under the second respondent, he has to be compensated for the injuries sustained by him, both by the owner of the house as well as the contractor.\n<\/p>\n
 \tThe Tribunal passed an award directing the owner as well as the contractor by fastening the liability of 50% on each of them.  Aggrieved against the same, both the owner as well as the contractor have come forward this appeal.\n<\/p>\n
\t2. The main contention was that it was an accident caused with the negligence attitude of the claimant himself.  Therefore, they are not responsible as far as the contractor is concerned he would only contended the owner alone liable, who is the owner of the building and not him as a contractor as a person was working only for one day.\n<\/p>\n
\t3. Heard both the parties as far as claimant is concerned.  He would contend that the injury was caused during the course of employment as he was employed by the second respondent contractor and therefore, the liable to be compensated and the injury is very severe in nature as he has been paralysed and the percentage of disability 75%.  Hence, the award granted by the Court below has correct.\n<\/p>\n
\t4. Heard some other reliefs to the same incident and both the appeals are respective of the same award, by consent, both the civil miscellaneous appeals are taken up together and disposed of by a common judgment.\n<\/p>\n
\t5. The only contention raised by the appellant in C.M.A.No.821 of 2007, who is the contractor is that even though he is a centring contractor, is a small time contractor.  As far as the building is concerned he is only worked as a centering person and not a contractor and even otherwise the claimant was working for only one day and that particular day he may not be held to compensate for the injury caused to the claimant.  As far as the appellant in C.M.A.No.2423 of 2006 namely the owner of the property  he would only contended that admittedly he is the owner of the property, the accident took place in his premise during the course of the centring work and the applicant was a worker under the centring contractor namely the second respondent and if at all any liability can be only as against the second respondent in respect of the building for the centring purpose and therefore, the owner he cannot be held liable to so.  On a reading of the evidence of the parties concerned and the documents produced.  The claimant examined himself as PW1 and doctor as PW2 and both the owner as well as the contractor has been examined as RW1 and RW2.  The applicant are produced the FIR as well as the Doctor certificate and the wound certificate which are all marked as EXA1 to A5.  There is no document marked on the side of the respondent.  From the evidence of PW1 and RW2  it is clear that the applicant was working in the building at the relevant point of time.  In fact it is also admitted by RW1, who is the owner of the property.  The accident took place in the premise.  As per the FIR, the applicant has stated that he was working as a carpenter in the building construed by the first respondent.  He would also clear that both in the FIR as well as the evident let the massive for the building of Mariappan and the Gnanamurthy the second respondent was the sub contractor of the centring work and he was working under him.  However, he would contended that there was a electrical wire on the top of the building, at the time he requested the owner to disconnect the electricity supply.  But he turned out not disconnected should be an electrical shock and fell down and sustained injuries.  Therefore, both the owners as well as the contractor was sought to be made liable.\n<\/p>\n
\t6. It is an admitted case that the applicant fell down after getting severe shock during the course of employment and according to the applicant himself he was employed by the second respondent and he was working under him and it is also admitted by RW2 that he was employed him for one day whether he was employed one day or whether employed permanently.  In so far as the second respondent is concerned he employed on that particular day for the work at the premise owned by the appellant herein.  The appellant is vehemently held liable for the last her person injury during the course of employed in his place and that he was employed by the second respondent.  Therefore, the Tribunal correctly held that in as much as he was employed in that premise and also employed for the second respondent and the accident took place during the course of employment both of them are jointly liable and it is pursued equally between the owner as well as contractor.  This Court does not find any reason to interfere with the resent finding given by the Court below.  Especially when there is admission in record to the accident on 17.07.1995 both by the owner RW1 and the Contractor RW2.  In as much as we have held that both the appellants are held responsible and liable to pay the amount as far as the quantum is concerned the lower Court has applied the correct multiplier and the age is also accepting.  The quantum is also reasonable and taking into consideration the doctor, PW2 certified 75% disability of only has been worked out and the amount arrived as namely Rs.1,85,950 is in accordance with the Workmen’s Compensation Act.  Therefore, both the appellants herein are responsible and liable to pay 50% of the same and both of them are deposited.  Under those circumstances, this Court does not find any reason to interfere with the resent order passed by the Court below.  Hence, both the appeals are dismissed.  No costs.  Consequently, connected miscellaneous petitions are closed.\n<\/p>\n
vsm<\/p>\n
To<\/p>\n
Commissioner of Workmen Compensation &
\nDeputy Commissioner for Labour,
\nCoimbatore<\/p>\n","protected":false},"excerpt":{"rendered":"
Madras High Court K.Gnanamurthy vs G.Ashok Kumar on 26 August, 2010 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.08.2010 CORAM: THE HONOURABLE MR.JUSTICE B.RAJENDRAN C.M.A.Nos.821 of 2007 and M.P.No.1 and 2 of 2007 & C.M.A.No.2423 of 2006 and M.P.No.1 of 2006 K.Gnanamurthy … Appellant in C.M.A.No.821\/2007 Natarajan … Appellant in C.M.A.No.2423\/2006 Versus 1.G.Ashok […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,13],"tags":[],"class_list":["post-121645","post","type-post","status-publish","format-standard","hentry","category-high-court","category-madras-high-court"],"yoast_head":"\nK.Gnanamurthy vs G.Ashok Kumar on 26 August, 2010 - Free Judgements of Supreme Court & High Court | Legal India<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.legalindia.com\/judgments\/k-gnanamurthy-vs-g-ashok-kumar-on-26-august-2010\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"K.Gnanamurthy vs G.Ashok Kumar on 26 August, 2010 - 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