Madras High CourtCMA/2252/2019settled before the lokadalats

M/S.National Insurance Co Ltd., Chennai v. S.Shankar Ganesh

2019-04-30Honourable Mr. Justice Malai Subramanian (Retd.)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Tuesday, the 30th day of April, 2019 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE MALAI SUBRAMANIAN (Retd.) and Members Mr.S.S.Jhothivani Mr.Mohamed Ismail C.M.A.No.2252 of 2019 Appeal against the Judgment and Decree dated 18.12.2018 made in EC. No.429 of 2014, on the file of Joint Commissioner of Labour - II, Chennai.

M/s.National Insurance Company Limited, T.P. HUB, 3rd Floor, No.751, Anna Salai, Chennai - 600 006.

.. Appellant Vs.

1.S.Shankar Ganesh (Since Deceased) 2.Sathiyabama 3.Kanagarathi 4.G.Yuvaraj (4th Respondent set exparte before the Tribunal) .. Respondents This case has been listed today and came up for settlement before the Lok Adalat. Both parties are present. The learned counsel for the appellant M/s.R.Rathna Thara and the learned counsel for the Respondents Mr.K.Baskaran and Mr.R.Premchander, Manager (Legal), for the National Insurance Company Ltd., 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 Commissioner for Employees Compensation has awarded a sum of Rs. 11,34,102/- (Rupees Eleven Lakhs Thirty Four

Thousand One Hundred and Two only) with interest at 12% per annum from the date of petition till the date of deposit. Aggrieved by the award of the Joint Commissioner of Labour -II, the appellant / Insurance Company has preferred the present appeal. The appellant / Insurance company has already deposited the entire award amount of Rs.14,79,504/-.

2. After due deliberation and consultation, it is agreed by both the parties, that out of the deposited amount, the Respondents 2 & 3 shall withdraw a sum of Rs.13,79,504/- (Rupees Thirteen Lakhs Seventy Nine Thousand Five Hundred and Four only) in full quit and the balance amount will be withdrawn by the appellant / Insurance company, within a period of eight weeks from the date of receipt of copy of this order.

3. On such deposit, the 2nd respondent / 2nd claimant, wife of the deceased is entitled to withdraw an amount of Rs.10,00,000/- (Rupees Ten Lakhs only), 3rd Respondent / 3rd Claimant, mother of the deceased is entitled to withdraw an amount of Rs.3,79,504/- (Rupees Three Lakhs Seventy Nine Thousand Five Hundred and Four only) without filing any dependent enquiry before the Joint Commissioner of Labour - II. Award is distributed as per the wishes of the Respondents / Claimants. Award is passed accordingly.

4. The Joint Commissioner of Labour - II, is directed to issue the cheque to the parties concerned on proper identification in accordance with the terms of the award, without insisting on any formal dependent enquiry. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, connected Miscellaneous Petition is closed, if any. Sd/- M/s.National Insurance Company Limited, T.P. HUB, 3rd Floor, No.751, Anna Salai, Sd/- Chennai - 600 006.

Counsel for Appellant Sd/- 1.S.Shankar Ganesh (Since Deceased) Sd/- 2.Sathiyabama Sd/- Sd/- 3.Kanagarathi Counsel for Respondents

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.

Sd/- Judge Sd/- Sd/- Member Member Sd/- Assistant Registrar(III) //True copy// Sub Assistant Registrar To:The parties/Advocate concerned Copy to:

1.The Employees Compensation, Joint Commissioner of Labour - II, Chennai.

2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R.Section, High Court, Madras.(2 copies) 4.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies C.M.A.No.2252 of 2019 KS(CO) GMY(12/07/2019)