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Madras High CourtCMA/162/2017withdrawn dismissed

Bajaj Allianz General Ins., Co., Ltd., Chennai v. P.Elumalai

2019-07-13Honourable Mr.Justice J.A.K.Sampathkumar (Retd.)4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI NATIONAL LOKADALAT organised by the High Court Legal Services Committee Saturday, the 13th day of July, 2019 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE J.A.K.SAMPATH KUMAR (Retd.) and Members Mr.Thanikasalam, District Judge (Retd.,) Mr.B.Radha Krishnan Advocate C.M.A. No.162 of 2017 and C.M.P.No.1038 of 2017 (Appeal against the judgment and decree passed on 08.04.2015 in W.C.No.588 of 2008 on the file of the Commissioner for Workmen's Compensation (Deputy Commissioner of Labour II) Chennai.) M/s.Bajaj Allianz General Insurance Co.Ltd., No.25/26, Prince Towers, 4th Floor, College Road, Chennai - 6.

.... Appellant Vs.

1.P.Elumalai 2.S.Ruthirakotti .... Respondents On representation of the learned counsel for appellant, this case is taken up for settlement before the Lok Adalat. The learned counsel for the appellant, Mr.S.Manohar is present.

TERMS OF SETTLEMENT The Civil Miscellaneous Appeal in C.M.A. No.162 of 2017 pending on the file of High Court, Madras has been referred to Lok Adalat for conciliation today. The appellant and his learned counsel are present before Lok Adalat today.

2. The Commissioner for Workmen's Compensation (Deputy Commissioner of Labour II) Chennai, has awarded a sum of Rs.1,28,513/- from the date of petition till the date of deposit and costs as compensation.

3. Now, the appellant/Insurance Company has made an endorsement stating that they will not present the appeal and the same is dismissed as withdrawn.

4. In view of the above endorsement, the appeal stands dismissed as withdrawn, since it is already settled between the parties. No costs. Consequently, connected miscellaneous petition is closed. The full Court fee shall be refunded to the plaintiff 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 and there shall be no demand for additional Court fee.

M/s.Bajaj Allianz General Insurance Co.Ltd., No.25/26, Prince Towers, 4th Floor, College Road, Chennai - 6.

Counsel for the appellant 1.P.Elumalai 2.S.Ruthirakotti Counsel for the 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. Judge Member Member To:The parties/Advocate concerned Copy to:

1.The Commissioner for Workmen's Compensation (Deputy 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 pns

J.A.K.SAMPATH KUMAR.J., Pns C.M.A. No.162 of 2017 13.07.2019