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Madras High CourtCMA/1805/2008dismissed

P.K.V.Kannan v. N.Sundaramoorthy

2019-11-27Honourable Mr Justice C. Saravanan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN C.M.A.No.1805 of 2008 P.K.V.Kannan ... Appellant/ Respondent Vs.

N.Sundaramoorthy ... Respondent/ Petitioner Prayer: This Civil Miscellaneous Appeal is filed under Section 30 of the Workmen's Compensation Act, 1923, against the award dated 09.10.2006 (Received on 08.12.2006) passed in W.C.398 of 2005 on the file of the Commissioner of Workmen's Compensation Court - 2/Deputy Commissioner of Labour-2, Chennai. For Appellant : Mr.T.Sezhian For Respondent : Notice not ready

J U D G M E N T

This Civil Miscellaneous Appeal is filed against the award dated 09.10.2006 passed in W.C.398 of 2005 on the file of the Commissioner of Workmen's Compensation Court - 2/Deputy Commissioner of Labour-2, Chennai.

2. Notice to the respondent was ordered on 01.07.2008 at the time of admission, however, due to incorrect address, notice remained unserved on the respondent. Learned counsel for the appellant informed this Court that the respondent had also died and sought further time for taking steps to bring in the L.Rs. of the deceased.

3. Notice to the sole respondent has not been served due to incorrect address and the appellant has also not filed proof of affidavit showing that he has taken steps to serve notice on the respondent. The amount involved in this appeal is only a sum of Rs.54,190/- which has been awarded to the deceased respondent who had filed a claim petition and the same has also been deposited by the appellant before the Workmen's Compensation Court.

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4. I do not find any merits in the case and accordingly, this Civil Miscellaneous Appeal stands dismissed. No costs. Sd/- Assistant Registrar(Ccc) //True Copy// Sub Assistant Registrar jas To The Commissioner of Workmen's Compensation Court - 2/ Deputy Commissioner of Labour-2, Chennai.

+1cc to M/s.R.Meenal , Advocate SR.No. 99228 C.M.A.No.1805 of 2008 A.SK(21/01/2020) https://hcservices.ecourts.gov.in/hcservices/