Madras High Court
K.Venkatesan vs Dhilipkumar on 3 September, 2015
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HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI
National Lok Adalat organised by the High Court Legal Services Committee
Saturday, the 13th day of July, 2019
LOK ADALAT AWARD
(Chapter VI and u/s 21 of Legal Services Authorities Act, 1987)
Presided over by
The Hon'ble Mr.JUSTICE R.SUBRAMANIAN
and
Members
Mr.A.Manivasakan, District Judge (Retd.)
Mr.Tranquebar Dorai Vasu
C.M.A.No. 464 of 2016
(This Civil Miscellaneous Appeal is filed under Section 30 of the
W.C.Act against the fair and decreetal Order in W.C.No. 414 of 2013 dated
03.09.2015 passed by the Commissioner of Workmen Compensation/Deputy
Commissioner of Labour – II, Teynampet, Chennai – 6)
1.K.Venkatesan
... Appellant/Petitioner
Vs.
1.Dhilipkumar
2.The New India Assurance Company,
45, Moor Street, Chennai – 1.
..Respondents/Respondents
This case came up for settlement before the National Lok Adalat. Both
the parties are present. Mr.S.Udhayakumar, learned counsel appearing for
the appellant and Mr.S.Ramesh Babu, learned counsel appearing for the 2nd
respondent.
TERMS OF SETTLEMENT
This Civil Miscellaneous Appeal is filed under Section 30 of the W.C.Act
against the fair and decreetal Order in W.C.No. 414 of 2013 dated
03.09.2015 passed by the Commissioner of Workmen Compensation/Deputy
Commissioner of Labour – II, Teynampet, Chennai – 6
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2. The claimant/apepellant is present. The Insurance Company
counsel along with the Officer are also present. The appeal arouse out of an
award passed under W.C.No.414 of 2013 by the Deputy Commissioner of
Workmen Compensation, Chennai. The Commissioner had awarded a sum of
Rs.1,28,527/- (One Lakh Twenty Eight Thousand Five Hundred and Twenty
Seven only). The claimant had sought for enhancement.
3. Pursuant to the interim order of this Court, the Insurance Company
has deposited a sum of Rs.1,50,000/- (One Lakh Fifty Thousand only) and
the said amount has been withdrawn by the claimant also. Now, the
Insurance Company has agreed to pay a further sum of Rs.85,000/- in full
quit of the claim in the appeal.
4. Considering the above agreement reached between the parties,
there will be an award for a sum of Rs.2,35,000/- (Two Lakhs Thirty Five
Thousand only) and the Insurance Company shall pay the balance of
Rs.85,000/- (Eighty Five Thousand only) within a period of four weeks from
the date of receipt of a copy of this order.
5. Such payment will be in full quit of the claim of the claimants in this
appeal. The claimant is permitted to withdraw the said sum of Rs.85,000/-
(Eighty Five Thousand only) without furnishing the security.
6. The Commissioner of Workmen Compensation is directed to transfer
the amount in favour of the claimant through RTGS/NEFT, on proper
identification in accordance with the terms of the award, without insisting on
any formal permission petition. The Civil Miscellaneous Appeal is disposed of
accordingly.
Judge
Member Member
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Appellant
Counsel for the Appellant
Vs.
2nd respondent
Counsel for the 2nd respondent
To:The parties/Advocate concerned
Copy to:
1. Deputy Commissioner of Labour – II, Teynampet, Chennai – 6.
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
kkn
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R.SUBRAMANIAN, J.
kkn C.M.A.No.464 of 2016 13.07.2019 http://www.judis.nic.in 5 http://www.judis.nic.in 6 C.M.A.No. 464 of 2016 This Lok Adalat award is passed in terms of the above settlement.
The Court fee paid shall be refunded to the party in the manner provided under the Court Fees Act, 1870 as provided for under Sub Section 1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994.
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