Kalarani v. The Deputy Commissioner Of Labour/

1 W.P.(MD)NO.24751 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.11.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.24751 of 2022 Kalarani ... Petitioner Vs.

1. The Deputy Commissioner of Labour / Commissioner of Workmen Compensation, Dindigul.

2. The Manager, United India Insurance Company Ltd., 42, Mutt Street, Kumbakonam, Thanjavur District - 612 001.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1st respondent to disburse the entire amount of compensation amount of Rs.3,94,620/- to the petitioner which was deposited by the 2nd respondent Insurance Company to the credit of W.C. No 100 of 2009 along with interest which may be determined by this Court within the time limit that may be fixed by this Court.

For Petitioner : Mr.N.Sudhagar Nagaraj For R-1 : Mr.A.K.Manikkam, Special Government Pleader.

For R-2 : Mr.C.Karthik * * * 1/4

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O R D E R

Heard the learned counsel on either side.

2. One Ravi was employed as a Driver under one Rajalakshmi. He is said to have died during the course of employment. Claiming compensation, the petitioner and her mother filed W.C.No.100 of 2009 before the first respondent. Compensation was ordered. The Insurance Company had also honoured the award and the amount has been deposited. The only request made by the writ petitioner is that she should be allowed to withdraw the same. In the meanwhile, the petitioner's mother Pushpavalli is said to have passed away.

3. Since the petitioner was an applicant before the first respondent, no exception can be taken to the petitioner's request. The first respondent is therefore directed to conduct a summary enquiry and based on the outcome of the said enquiry, he will satisfy himself that there is no other legal heir for the deceased Ravi. This exercise shall be concluded within a period of four weeks from the date of receipt of a copy of 2/4

3 W.P.(MD)NO.24751 OF 2022 this order. The petition mentioned amount shall be thereafter disbursed to the writ petitioner. This writ petition stands allowed on these terms. No costs.

15.11.2022 Index : Yes / No Internet : Yes/ No PMU To:

1. The Deputy Commissioner of Labour / Commissioner of Workmen Compensation, Dindigul.

2. The Manager, United India Insurance Company Ltd., 42, Mutt Street, Kumbakonam, Thanjavur District - 612 001.

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4 W.P.(MD)NO.24751 OF 2022 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.24751 of 2022 15.11.2022 4/4