Madras High CourtCMA(MD)/236/2016dismissed as infructuous

Gopalsamy v. S. Singaravelu

2020-12-15Honourable Mr Justice K.Murali Shankar2 pages

C.M.A(MD)No.236 of 2016 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.12.2020

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR C.M.A(MD)No.236 of 2016 Gopalsamy : Appellant / Petitioner Vs.

S.Singaravelu : Respondent/Respondent PRAYER:- Civil Miscellaneous Appeal filed under Section 30(1) of Workman Compensation Act, to set aside the award, dated 13.10.2014 passed in W.C.No.264 of 2012, on the file of the Commissioner of Labour, Trichirappalli and enhance the compensation by allowing the presence Civil Miscellaneous Appeal.

For Appellant : Mr.M.Saravanan For Respondent : No Appearance

J U D G M E N T

The Civil Miscellaneous Appeal has been filed against the award, dated 13.10.2014 passed in W.C.No.264 of 2012, on the file of the Commissioner of Labour, Trichirappalli and enhance the compensation.

2.The appellant filed W.C.No.264 of 2012 on the file of Commissioner of Labour, Trichy claiming compensation of Rs.5,00,000/- for the injuries sustained by him during the course of the employment. The Commissioner of Labour, Trichy has passed an exparte award dated 13.10.2014 awarding Rs.95,822/- as compensation. Challenging the disallowed portion, the workman filed the present appeal, the workman filed the present appeal. 3.Today, when the matter is taken up for hearing the learned counsel appearing for the appellant represented that during the pendency of this appeal, the respondent filed an application to set aside the exparte order dated 13.10.2014, passed in W.C.No.264 of 2012by the Commissioner of Labour Court, Tricy, and the same was allowed and as such, this Civil Miscellaneous Appeal has become infructuous.

4.Recording the said submission made by the learned counsel https://hcservices.ecourts.gov.in/hcservices/ 1/2

C.M.A(MD)No.236 of 2016 appearing for the Appellant, nothing survives for further adjudication in this appeal. Hence, this Civil Miscellaneous Appeal is dismissed as infructuous. No costs.

Sd/- Assistant Registrar (P & A) // True Copy // / /2020 Sub Assistant Registrar(CS) das To 1.The Commissioner of Labour, Trichirappalli.

2.The Record Keeper, Vernacular Section, Madurai Bench of Madras High Court, Madurai. (2C) +1 CC to M/s.R.SUBRAMANIAN, Advocate ( SR-25495[F] dated 15/12/2020 ) C.M.A(MD)No.236 of 2016 15.12.2020 KG(CO) KK(31.12.2020) 2P 5C https://hcservices.ecourts.gov.in/hcservices/ 2/2