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Madras High CourtCMA/1977/2006settled before the lokadalats

National Insurance Co. Ltd., v. M.Selvam

2018-08-21Honourable Mr Justice K. Swamidurai(Lok-I)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Tuesday, the 21st day of August, 2018 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE K.SWAMIDURAI (Retd.) and Members Mr.I.Richard Mr.Balusekar C.M.A.No.1977 of 2006 Appeal against the award passed in W.C.No.651 of 2004 dated 23.01.2006 on the file of the Workmen Commissioner, Salem. National Insurance Company Ltd., Near Old Bus Stand, Salem.

.. Appellant/2nd Respondent Vs.

1.M.Selvam .. 1st Respondent/Petitioner 2.Ganesan .. 2nd Respondent/1st Respondent This case came up for settlement before the Lok Adalat. Both parties are present. The learned counsel for the appellant Mrs.N.B.Surekha and the learned counsel for the Respondents Mr.C.K.M.Appaji for Mrs.M.Subha and Mr.Himendra Simha, Administrative Officer and Mr.P.Logesh Kumar, Assistant Manager for the Insurance Company 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 Workmen Commissioner has awarded a sum of Rs.3,93,000/- (Rupees Three Lakhs Ninety Three Thousand only) as compensation.

Aggrieved by the award of the Workmen Commissioner, the appellant / Insurance Company had preferred the present appeal.

2. The appellant / Insurance company has deposited the entire award amount of Rs.3,93,000/- (Rupees Three Lakhs Ninety Three Thousand only).

3. After due deliberation and consultation, both the parties have agreed to modify the award to a sum of Rs.3,00,000/- (Rupees Three Lakhs only) as compensation.

4. The 1st respondent is permitted to withdraw the modified award amount less the amount already withdrawn with proportionate interest. The appellant / Insurance company is permitted to withdraw the amount of Rs.93,000/- (Rupees Ninety Three Thousand only). The 1st respondent is permitted to withdraw the balance amount.

5. The Workmen Commissioner is directed to issue the cheque to the party concerned on proper identification in accordance with the terms of the award, without insisting on any formal petition. The Civil Miscellaneous Appeal is disposed of accordingly.

Sd/- National Insurance Company Ltd., Near Old Bus Stand, Sd/ Salem.

.. Counsel for the Appellant Sd/- Sd/- 1.M.Selvam .. 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.

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

1.The Workmen Commissioner, Salem.

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.1977 of 2006 SVN(CO) GMY(29/11/2018)