Madras High CourtCMA/2444/2022settled before the lokadalats

United India Insurance Company Limited v. V.Elumalai

2023-10-14Honourable Mr Justice B. Gokuldas(Retd.)4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of October 2023.

LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE B.GOKULDAS (Retd.) and Members Mr.S.Baskaran District Judge (Retd.) Mrs.S.Sridevi Advocate C.M.A.No.2444 of 2022 and C.M.P. No.19078 of 2022 (Appeal against the final award passed by the learned Commissioner for Employees Compensation (Joint Commissioner of Labour - II), Chennai, in E.C.No.169 of 2018 on 02.11.2021 .

M/s. United India Insurance Company Limited, No.7-A, Varadhanar Street, Vedachalam Nagar, Chengelpet, Kanchipuram - 603 001 .. Appellant Vs.

1. V.Elumalai

2. Shanmugam

3. M/s.SRM Engineering Construction Corporation Ltd., No.2, Veerasamy Street, West Mambalam, Chennai - 600 017.

.. Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr.J.Michael Visuvasam and the learned counsel for the first respondent, Ms.V. Menaka are present. The second and third respondents are ex-parte before the trial Court. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows: TERMS OF SETTLEMENT Both sides counsel are present. The respondent present.

2. The appellant insurance company had already deposited Rs.3,25,707/- inclusive of interest and cost as awarded by the Tribunal. Now on appeal, they themselves settled for Rs.2,00,032/- as full quit. Hence the balance amount of Rs.1,25,675/- (Rupees One lakh Twenty-Five Thousand and Six Hundred and Seventy-Five only) from the above deposited amount has to be refunded to the appellant / insurance company.

3. Accordingly, this Civil miscellaneous appeal is closed. Consequently the connected miscellaneous petition is closed. M/s. United India Insurance Company Limited, No.7-A, Varadhanar Street, Vedachalam Nagar, Chengelpet, Kanchipuram - 603 001 Counsel for the Appellant

V. Elumalai. Counsel for the 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/Advocate concerned Copy to:

1. The Commissioner for 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. 4.The Section Officer, Lok Adalat Section, High Court, Madras.

B.GOKULDAS.J, (Retd.) ham/mjs C.M.A.No.2444 of 2022 14.10.2023