Madras High CourtCMA/464/2016settled before the lokadalats

K. Venkatesan, v. The New India Insurance Co. Ltd Chennai

2019-07-13Honourable Mr Justice R. Subramanian6 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th day of July, 2019 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE R.SUBRAMANIAN and Members Mr.A.Manivasakan, District Judge (Retd.) Mr.Tranquebar Dorai Vasu C.M.A.No. 464 of 2016 (This Civil Miscellaneous Appeal is filed under Section 30 of the W.C.Act against the fair and decreetal Order in W.C.No. 414 of 2013 dated 03.09.2015 passed by the Commissioner of Workmen Compensation/Deputy Commissioner of Labour - II, Teynampet, Chennai - 6) 1.K.Venkatesan ... Appellant/Petitioner Vs.

1.Dhilipkumar 2.The New India Assurance Company, 45, Moor Street, Chennai - 1.

..Respondents/Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. Mr.S.Udhayakumar, learned counsel appearing for the appellant and Mr.S.Ramesh Babu, learned counsel appearing for the 2nd respondent.

TERMS OF SETTLEMENT This Civil Miscellaneous Appeal is filed under Section 30 of the W.C.Act against the fair and decreetal Order in W.C.No. 414 of 2013 dated 03.09.2015 passed by the Commissioner of Workmen Compensation/Deputy Commissioner of Labour - II, Teynampet, Chennai - 6

2. The claimant/apepellant is present. The Insurance Company counsel along with the Officer are also present. The appeal arouse out of an award passed under W.C.No.414 of 2013 by the Deputy Commissioner of Workmen Compensation, Chennai. The Commissioner had awarded a sum of Rs.1,28,527/- (One Lakh Twenty Eight Thousand Five Hundred and Twenty Seven only). The claimant had sought for enhancement.

3. Pursuant to the interim order of this Court, the Insurance Company has deposited a sum of Rs.1,50,000/- (One Lakh Fifty Thousand only) and the said amount has been withdrawn by the claimant also. Now, the Insurance Company has agreed to pay a further sum of Rs.85,000/- in full quit of the claim in the appeal.

4. Considering the above agreement reached between the parties, there will be an award for a sum of Rs.2,35,000/- (Two Lakhs Thirty Five Thousand only) and the Insurance Company shall pay the balance of Rs.85,000/- (Eighty Five Thousand only) within a period of four weeks from the date of receipt of a copy of this order.

5. Such payment will be in full quit of the claim of the claimants in this appeal. The claimant is permitted to withdraw the said sum of Rs.85,000/- (Eighty Five Thousand only) without furnishing the security.

6. The Commissioner of Workmen Compensation is directed to transfer the amount in favour of the claimant through RTGS/NEFT, on proper identification in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly.

Judge Member Member

Appellant Counsel for the Appellant Vs.

2nd respondent Counsel for the 2nd respondent To:The parties/Advocate concerned Copy to:

1. Deputy Commissioner of Labour - II, Teynampet, 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 kkn

R.SUBRAMANIAN, J.

kkn C.M.A.No.464 of 2016 13.07.2019

C.M.A.No. 464 of 2016 This Lok Adalat award is passed in terms of the above settlement. The Court fee paid shall be refunded to the party in the manner provided under the Court Fees Act, 1870 as provided for under Sub Section 1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994.