Authority: Madras High Court, Madurai Bench
Order Date: 08 July 2026
Case Overview
- Petitioners: Easwari (W.P(MD)No.9991/2023) and Dhanalashmi (W.P(MD)No.9992/2023).
- Respondents: 1) District Collector, Madurai District; 2) Branch Manager, The National Insurance Company Limited, No.6, West Masi Street, Madurai; 3) Arumugam.
- Nature of proceeding: Writ Petition under Article 226 seeking a Writ of Mandamus directing the first respondent (District Collector) to recover award amounts with interest awarded by the Commissioner of Workmen's Compensation, Dindigul, in WC Nos.157/2008 and 156/2008.
- Background: Petitioners were employees of the third respondent (Arumugam) and were covered by insurance with the second respondent (National Insurance Co.). They sustained injuries during employment and filed compensation claims before the Commissioner of Workmen's Compensation, Dindigul.
- Award details: On 15 March 2017, the Commissioner awarded Rs.79,765 in WC No.157/2008 and Rs.65,843 in WC No.156/2008, each with interest at 12% per annum from 29 August 2008 until the date of deposit.
- Recovery Certificate: Because the insurance company did not comply, the Commissioner issued a Recovery Certificate on 5 March 2020 directing the first respondent (District Collector) to recover the award amounts under Section 5 of the Revenue Recovery Act.
- Petitioners allege that despite the Recovery Certificate, the District Collector has taken no effective steps to recover the amounts, prompting the present writ petitions.
Final Outcome
- The Court, without expressing opinion on the merits, directs the District Collector to consider and act upon the Recovery Certificate dated 5 March 2020, after affording a hearing to the second and third respondents.
- The District Collector must pass appropriate orders in accordance with law, if no legal impediment exists, within twelve (12) weeks from receipt of a copy of this order.
- The writ petitions are disposed of with no order as to costs.
Topics: Workmen Compensation, Insurance Recovery