National Insurance Co Ltd v. Thiru.Chendha

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th July 2019 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE G.K.ILANTHIRAIYAN and Members Mr.N.Sivathanu, District Judge (retd) Mr.S.Arokiamaniraj C.M.A.NO.2899 OF 2012 and M.P.No.1 of 2012 (Appeal against the judgment and decree passed on 11.07.2012 made in W.C.No.471 of 2008 on the file of the Commissioner of Workmen Compensation-2, (Deputy Commissioner of Labour-2), Chennai 600 006. National Insurance Co. Ltd No.8-A Yaanaikal Street, Madurai.

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Appellant /versus/ 1.Chendha 2.R.V.N.Kannan ..

Respondents This case is taken up for settlement before this Lok Adalat. Both the parties are present. Mr.S.Arunkumar for Mr.S.Vadivel, learned counsel for appellant/Insurance Company and the first respondent/claimant 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 Deputy Commissioner of Labour has awarded a sum of Rs.1,32,781/- as compensation to the first respondent/claimant. Challenging the same, the appellant/Insurance Company has preferred this appeal.

2.After due deliberation and consultation, both the parties have agreed to the modify the award amount to a sum of Rs.90,000/- (Rupees Ninety Thousand Only) in full quit and the same is hereby, awarded. The award is modified accordingly.

3. It is reported that the entire award amount has already been deposited before the Deputy Commissioner of Labour, Chennai. In view of the same, the respondent/claimant is entitled to receive the aforesaid modified amount, without filing any formal petition. The appellant/ Insurance Company is also permitted to withdraw the balance amount lying in the deposit.

4. The Deputy Commissioner of Labour, Chennai is directed to transfer the above award amount to the Bank account of the respondent /claimant by way of NEFT/RTGS, on proper identification, in accordance with the terms of the award, without insisting on any formal permission petition. 5.Accordingly, the Civil Miscellaneous Appeal is disposed of. No costs. Consequently, connected civil miscellaneous petition is closed. National Insurance Co. Ltd No.8-A Yaanaikal Street, Madurai.

Counsel for Appellant Chendha Counsel for the 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 To:The parties/Advocate concerned Copy to:

1.The Commissioner for Workmen Compensation-2, (Deputy Commissioner of Labour-2) Chennai-6.

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

G.K.ILANTHIRAIYAN, J.

rk C.M.A.NO.2899 OF 2012 Dated : 13.07.2019