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Madras High CourtCMA/232/2016disposed of

National Insurance Co Ltd v. P.Krishnan

2018-02-10Honourable Mr Justice R. Suresh Kumar2 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 10th February, 2018 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by:- The Hon'ble Mr.JUSTICE R.SURESH KUMAR Members:-

(1) Mrs.Kanmani Selvam, District Judge (Retd.)

(2) Mr.W.M.Abdul Majeed CMA.No.232 of 2016 (Civil Miscellaneous Appeal against the award and decree passed, dated 02.09.2015 in E.C.No.575 of 2012 on the file of the Commissioner for Workmen's Compensation Tribunal, DCL-II, Chennai-6.

The National Insurance Company Ltd., 751, Anna Salai, Chennai-2.

Appellant Vs.

1.P. Krishnan 2.K.Murali (Set Ex-parte before the Court below) Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. Mr.S.Arunkumar, learned counsel for the Appellant and Mr.K.Baskaran, learned counsel for the claimants/respondents are present. After mutual discussion, negotiation, mediation and conciliation between both the parties, they arrived at a compromise to settle the matter as follows:- TERMS OF SETTLEMENT

1. As against the award of compensation passed by the Commissioner for Workmen's Compensation Tribunal, DCL-II, Chennai-6 in E.C.No.575 of 2012, this miscellaneous appeal has been filed by the Insurance Company. The Commissioner for Workmen's Compensation has awarded a sum of Rs.3,50,120/- with interest as compensation to the respondents/workmen.

2. It is informed that the appellant/Insurance Company has already deposited a sum of Rs.5,48,335/- as compensation amount with interest in the credit of E.C.No.575 of 2012, on the file of the Commissioner of Labour, DCL-II, Chennai-6.

3. Now the parties after having due deliberations and discussions have come to a settlement according to which, the appellant/Insurance Company shall take a sum of Rs.40,000/- (Rupees Forty thousand only) from the said deposit and the remaining amount in entirety shall be withdrawn by the first respondent/workmen by filing a formal petition before the Workmen's Compensation i.e. Commissioner of Labour DCL-II, Chennai-6. http://www.judis.nic.in

4. With the above terms and conditions, this Civil Miscellaneous Appeal is disposed of as settled out of Court.

The National Insurance Company Ltd., 751, Anna Salai, Chennai-2.

Counsel for the Appellant P. Krishnan Counsel for the 1st Respondent This National Lok Adalat Award is passed in terms of the above settlement. The Court fee paid shall be refunded to the parties in the manner provided under 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/Advocates concerned.

Copy to:

1.The Commissioner for Workmen's Compensation Tribunal, DCL-II, 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 smi/rsi CMA.No.232 of 2016 10.02.2018 http://www.judis.nic.in