Manigalla Kishan , Raman Kishan v. C. Bal Reddy And Ano

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THURSDAY, THE THIRTY FIRST DAY OF DECEIVBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE JUSTICE G SRI DEVI CIVIL MISCELLANEOUS APPEAL NO: 751 OF 2012 Appeal filed under Section 30 of Workmen's Compensation Act against the Order dated 19.05.20'12 made in W.C.No.265 of 1996 NF on the file of the Commissioner for Employee's Compensation and Deputy Commissioner of Labour, at Nizamabad. Between:

IVANIGALLA KISHAN @ RAN/AN KISHAN, S/o. Balaiah, Labour on Contract basis, R/o. Yavapur Village, Toopran lt4andal, l\,4edak District. ,..APPELLANT AND

1. C. BAL REDDY, S/o. Yadi Reddy, Owner of Lorry bearing No. ABT-3150, F/o. H.No. 3-94, Bowanpally, Secunderabad, A.P.(Appeal against Respondent No.1 is Dismissed vide Court order dated 2010712016)

2. National lnsurance Company Ltd., through its Divisional lvlanager, Divisional Office, Secunderabad, A. P.

...RESPONDENTS Counsel for the Appellant :SRl M. PRAKASH REDDY Counsel for the Respondent 2 : SMT. SUJATHA K.KUMAR The Court made the following: ORDER

HONOURABLE JUSTICE G. SRI DEVI VIL MISCtrLLANEOUS APPEAL NO.751 OF 2012 CI JUDGMENT:

Pursuant to a settlemcnt arnved at betu'cen the parties, tI-rc' I-ok Ad:ilat, Hvclerabad, passecl ihe follot ing :ru-ard ot-r 07. 1 1.2O20: L 'l'his C.N4.A. arises outr. ol the order dated 19.O5.2012 itr W.C.Nc..265 oI 1996 on the lile ol the Commissiotrer lbr Workmen's Compensation and Deput,v* Commissioner of Labour, at Nizamabad.

2. The Commissi.oner for Workmen's compe nsation and Deputy Commissioner of Labour at Nizamabad in W.C.No.265 of 1996 has granted compensatiot-l ol' Rs.1,13,843i rncluding costs ancl Advrrcate lee. Aggner r:c1 br- the said order, the appiicanL prei'errcd an appcal r iclt: C.M.A.No.751 ot 2Oi2.

3. During the pendencv of appeal both the pzrrties have compromised the malter.

4. The Appeliant/ ApplicanL along u,ith his counsei Sri M.Prakash Redd1,, Advocate, has represented belore the virtual Lok Adalat through online or,er the link provrdcd bv the High Court Legal :rtrvices Committee, High Courr lbr lhe Stale of Telangana.

5. 'lhe Respondent No.2 - National Insurance Companr' Limited, Smt. Sujatha Ii. Kumar. Manager, has represented belbre the rrirtual Lok Adalat through online over the link provided bv the High Court Legal Serrrices Committee, Hrgh Court for the State olTelangana.

Both the parties stated that they resolvecl the dispute amicablv and entered into compromise.

The Appellant/ Applicant has serlt copr. of Aadhar carci in prool of his idcr-r tifica rion. The m:ttter has been sertled amicirb1r. betu'een thc. parties.

The Appeilant/Appiicant has agreeci to receive an amolur r of Rs.1,63,0OO/- (Rupees One lakh sixty rhr:ee rhousand onlv) tov.ards lull and final settlement apart from the amount aq,arded b1.. the Cornmissioner lor Workmen,s Compensation and Deputr. Commissioner of Labour- at Nizamabad.

Accordtngly the au,ard is passed for an amounl o1 Rs.1,63,O00/- (Rupees One lakh sixt). three thousand onlvJ tor,r,ards full and final settlement apart from the amollnt as,arded b1' the Commissioner for Workmcn's Compensation and Deputv Commissioner of Labour at Nrzarnabad.

The Rcspondcnt No.2,i L'rst,r.ance Companl. has to dt,ltostr rhe a\\':rrcicd .tmounL Ol i.:.. 1 ,ir3,OOOi (Rupees O]rC l:rl<h sixtl thr:ee thoLrsar-rcl on11.) tou-ar-ds full ar-rd flnal settlemcnt $'rthrn a periocl of tu'o (2) months from the date of reccipr of cop_rr of rhis atr,ard apart from the amount au,arcled bv the Commissioner for Workmen's Compensation and Deput1,. Commissioner of Labour at Nizamabad. after giving due credrt to the amount a1read1. deposited. In the event o1' default ol delar- in making such deposit, the arnour-rr pa1'able shali carry interest at 72.k per annum il-om the date of default.

10. Upon such deposit, the Appellani is ar libertl' to rvithdrau' the entire amount.

1 1. In terms of the compromise arrii'ed atr bet\\,ecn the p:rrLies. this case stands disposed of.

1 2. The parties are informed that the Court fe e, if an1", paid b1, any of them before lolr,er Court shal1 be rellnded. In vieu, of the au,ard dated 07.11.2O2O, passed b-,- the Lok Adalat, Hyderabad, this Civil \,1iscellaneous Appeal is clisposed of in terms of the ar,vard.

Miscellaneous applications, if an1', pending shall stand closed.

Sd/-K.GANGADHAR RAO JOINT REGIST'.AR /f\-.'

SECTION OFFICER To, ,TRUE COPY//

1. The Commissioner for Workmen Compensation and Deputy Commissioner of Labour , at Nizamabad.

2. One CC to SRl. LAKKADI DAYAKER REDDY Advocate IOPUCI

3. One CC to SRl. . M. PRAKASH REDDY, Advocate IOPUC]

4. One CC to SRI Smt.Sujatha K.Kumar, Advocate IOPUC]

5. Two CD Copies u$v

HIGH COURT GSDJ DATED:31 11212020

ORDER

CMA.No.751 of 2012 E S ('

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DISPOSING OF THE C.M.A.

In terms of the lok Adalat Award \2q tdv

\ BEFORE THE LOK ADALAT HELD AT HYDERABAD (Organized by High Court Legal Services Committee High Court for the state of Telangana) (Under Section 191f the Legal Services AuthoritieqAct, 1987 (Central o'

(llroryh via,o Act) Loa,[ronQ ndz ) CMA No. 75L ot 2OLz (Before the Hon'ble High Court) Against the order in W.C. No' 265 of 1996 NF on the file of the Comm'issioner for Workmen,s Compensation and Deputy Commissioner of Labour at Nizamabad, dt' 19th May 2O12) Manigalla Kishan @ Raman Kishan, S/o.

Balaiah, aged about 38 Years, occ:

Labour on contract basis, R/o. Yavapur Village, Toopran f4andal, luledak District.

Appellant/Applicant f Respondents/Opposite Parties C.Bal Reddy S/o. Yadi Reddy, Owner o Lorry bearing No. ABT-3150, R/o. H No 3-94, Bownpally, Secu nderabad, A.P.

l National Insurance ComPanY Ltd., through its Divisional Manager, Divisional Office, Secunderabad, A.P.

(R1 dismissed vide court order dated 20-a7 -2016 Z, Respondent No.2 (No. of proceedings of the High Court Legal Services Committee: ORDER ROC No. 1035/HCLSC/\OZO, Dated 04-11-2020' :rPresent::

:Hon'ble Sri Justice P.Naveen Rao, Judge, High Court for the State of Telangana Name of Chairman :(1) Sri S.Surender Reddy, Advocate, High Court for the State of Telangana Narne. of Members Smt.Neindita Guha, Advocate, High Court for the State of Telangana/ Social Worker (2) AWARD case between the parties having been referred for The a bove determination to the LoK ADALAT and the parties having compromised the case/matter. the following Award is passed in terms of the settlement' l.ThisCMAarisesoutoftheorderdatedlg-05-2012inW'C'No'265of 1996onthefileoftheCommissionerforWorkmen'sCompensation and Deputy Commissioner of Labour, at Nizamabad' 2.

The Commissioner for Workmen;s Compensation and Deputy Commissioner of Labour at Nizamabad in W C' No 265 of 1996 NF has grantedcompensationofRs.l,l3,S43/-includingcostsandAdvocate fee. Aggrieved by the said order, the applicant preferred an appeal vide C.M.A'No.757 of 2072.

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') F"c.$ During the pendancy of appeal both the parties have compromised the 3.

matter.

The Appella nt/Applica nt along with his counsel Sri M'Prakash Reddy' 4.

Advocate, has represented before the virtual Lok Adalat through on line over the link provided by the High Court Legal Services Committee, High Court for the State of Telangana' The Respondent No.2 - National Insurance Company Limiuted, Smt.Sujatha K'Kumar, Manager, has represented before the virtual LokAdalatthroughonlineoverthelinkprovidedbytheHighCourt Legal Services Committee, High Court for the State of Telangana' Both the parties stated that they resolved the dispute amicably and entered into compromise. The Appella nt/Applica nt has sent copy of Aadhar card in proof of his identification' The matter has been settled amicablY between the Pa rties '

The Appellant/Applicant has agreed to receive an amount of Rs.1,63,000/- (Rupees One lakh sixty three thousand only) towards iii,l,l1:')Ui''

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fullandfinalsettlementapartfromtheamountawardedbythe Commissioner for Workmen,s Compensation and Deputy Commissioner of Labour at Nizamabad.

Accordingly the award is passed for an amount of Rs' L'63tOoO I - B, (Rupees One lakh sixty three thousand only) towards full and final settlement apart from the amount awarded by the Commissioner for Workmen's Compensation and Deputy Commissioner of Labour a't Nizamabad.

9.

The Respondent No.2/Insurance Company has to deposit the awarded amount of Rs. 1,63,000/- (Rupees One lakh sixty three thousand only) towards full and final settlement within a period of two (2) months from the date of receipt of copy of this award apart from the amount awarded by the Commissioner for Workmen's Compensation and Deputy Commissioner of Labour at Nizamabad, after giving due credit to the amount if any already deposited' in the event of default or delay in making such deposit, the amount payable shall carry interest at \2o/o per annum from the date of default'

10. Upon such deposit, the Appellant is at liberty to withdraw the entire a mou nt r_t In terms bf t5e compiomise arrived at between the parties, this case stands disPosed of.

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72.

The parties are informed that the court fee, if any, pald by any of them before lower court shall be refunded.

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Co. Ltd Appellant/Applicant r&re pa ny Respondent Nor I ant Counsel for Appell anl/ ,Au/ N (q):

ttrai -,o rman Member ta- ',,,t.:

(:l i Hr6l'l couR r Date: 07- 11-2020 LOI'r ALiALlii ic 011o ( Seal o e Committee)