Madras High CourtCMA/147/2023disposed of

The Branch Manager v. Arulprakash @ Arunprakash

2023-02-11Honourable Mr Justice J.Sathya Narayana Prasad4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 11th February 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE J.SATHYA NARAYANA PRASAD and Members Mr.N.Balasubramanian, District Judge (retd) Mr.K.V.Muthuvisakan, Advocate C.M.A.No.147 of 2023 (Appeal against the judgment and decree passed on 16.12.2022 made in E.C..No.197 of 2021 on the file of the Deputy Commissioner of Labour2/Commissioner for Employees Compensation-2, Chennai. The Branch Manager, The Oriental Insurance Co. Ltd., First Floor/3rd Party Claims Hub, New No.216/ Old No.115, Prakasam Salai, Broadway, Chennai - 600 108.

Appellant /versus/

1. Arulprakash @ Arunprakash

2. P.Subramani ..

Respondents This case is taken up for settlement before this Lok Adalat. Both the parties are present. Mr.D.Bhaskaran, learned counsel for appellant and Ms.V.Ramya V.Rao, learned counsel for the first respondent are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.10,48,361/- with interest at the rate of 12% per annum as compensation to the first respondent/claimant. Challenging the same, the appellant/Insurance Company has preferred this appeal.

2. The award amount of Rs.10,48,361/- with interest has been already deposited by the appellant. After due deliberation and consultation, both the parties have agreed for a settlement of a sum of Rs.8,00,000/- (Rupees Eight Lakhs Only) in full quit and the same is hereby, awarded. The award is modified accordingly.

3. The first respondent/claimant is permitted to withdraw the modified award amount of a sum of Rs.8,00,000/- (Rupees Eight Lakhs Only) in full quit. The remaining deposited amount shall be permitted to withdraw by the appellant/Insurance Company.

4. Accordingly, the Civil Miscellaneous Appeal is disposed of. The Branch Manager, The Oriental Insurance Co. Ltd., First Floor/3rd Party Claims Hub, New No.216/ Old No.115, Prakasam Salai, Broadway, Chennai - 600 108.

Counsel for the Appellant Arulprakash @ Arunprakash Counsel for the first respondent

This Lok Adalat award is passed in terms of the above settlement. The full Court fee paid shall be refunded to the appellant in the manner provided under Section 69-A of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994. Judge Member Member

J.SATHYA NARAYANA PRASAD, J.

mn/vm To:The parties/Advocate concerned Copy to:

1.The the Deputy Commissioner of Labour-2/Commissioner for Employees Compensation-2, Chennai.

2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R.Section, High Court, Madras. 4.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies C.M.A.No.147 of 2023 Dated :11.02.2023