M/S. National Insurance Company.Ltd., v. S. Ramar

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday the14h day of October 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by THE HONOURABLE Mr.JUSTICE C.KUMARAPPAN and Members:

1.Ms.J.SHANTHI 2.Mr.K.V.MUTHUVISAKAN C.M.A.No.1962 of 2023 Civil Miscellaneous Appeal is filed to enhance the compensation in EC.No.120/2019 dated 11.03.2023 on the file of the learned Commissioner for Employees Compensation (Joint Commissioner of Labour-II), at Chennai. M/s.National Insurance Company Ltd., Motor Third Party Cell, Murugesa Naicker Complex, 1st Floor, No.66, Greams Road, Chennai-600 006.

... Appellant Vs.

1. S.Ramar,

2. L.Mahadevan .. Respondents With the consent of both the parties, this case is taken up for settlement before this Lok Adalat. Both the parties are present Mr.J.Michael Visuvasam, learned counsel for appellant and Mr.M.Arunkumar, 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 Joint Commissioner of Labour has awarded a sum of Rs.8,92,563/- with interest at the rate of 12% per annum from the date of accident till the date of realization. Aggrieved by the said award, the appellant has preferred the present appeal.

2. After due deliberation and consultation, both the parties agreed to compromise the issue and that the first respondent agreed for the reduction of the award amount to a sum of Rs.6,37,546/-. Hence, both the parties have agreed to settle the issue. The appellant has agreed to pay an interest at the rate of 12% from the date of accident. Since, the appellant/Insurance Company has already deposited a sum of Rs.13,09,490/- they are permitted to withdraw the balance amount.

3. Accordingly, the Civil Miscellaneous Appeal is disposed of.

M/s.National Insurance Company Ltd., Motor Third Party Cell, Murugesa Naicker Complex, 1st Floor, No.66, Greams Road, Chennai-600 006.

Counsel for Appellant Appellant

1. S.Ramar (Respondent) Counsel for 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 To: The parties/Advocate concerned Copy to:

1.The 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. 4.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies

C.KUMARAPPAN, J.

veda/kmi C.M.A.No.1962 of 2023 14.10.2023