The Manager vs Kirankumar
2021 Latest Caselaw 865 Mad

                                                                       C.M.A. No. 1225 of 2006

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                             DATED: 11.01.2021

                                                    CORAM

                            THE HONOURABLE MR.JUSTICE S.M. SUBRAMANIAM

                                            C.M.A. No. 1225 of 2006
                                                     and
                                            C.M.P. No. 5104 of 2006
                     The Manager,
                     Third Party Claim Cell,
                     New India Assurance Company Limited,
                     Regina Mansion,First Line Beach,
                     Chennai - 1.                                         ... Appellant

                                                          -vs-

                     1. Kirankumar

                     2. M/s. Sporting Pastime India Limited,
                        859-860, Anna Salai,
                        Chennai - 2.

                     3. Srinivasalu                                       ... Respondents

                     PRAYER: Civil Miscellaneous Appeal filed under Section 30 of
                     Workmen's Compensation Act, 1923 against the order dated 30.08.2005,
                     made in W.C. No. 227 of 2002 on the file of Court of Commissioner for
                     Workmen's Compensation - 2 (Deputy Commissioner of Labour - 2),
                     Chennai - 6.



                     1/4
https://www.mhc.tn.gov.in/judis/
                                                                             C.M.A. No. 1225 of 2006

                                       For Appellant       :   Mr.J.Micheal Visuvasam

                                       For Respondents: :      Mr.S.Udayakumar for R1
                                                               R2 & R3 - set exparte


                                                  JUDGMENT

The respective learned counsel appearing on behalf of the

appellant as well as the first respondent made a submission that, the

matter was settled between the parties before the Lok Adalat. However,

it was not signed by the claimant and thus the matter was not closed.

2. When the matter is taken up for hearing today, again the

respective learned counsel appearing on behalf of the appellant and first

respondent made a submission that, the parties have no objection in

confirming the award passed by the Lok Adalat on 05.12.2013. In view

of the fact that, the parties to the appeal have consented to settle the

matter based on the award passed by the Lok Adalat, no further

adjudication on merits is required.

https://www.mhc.tn.gov.in/judis/ C.M.A. No. 1225 of 2006

3. Accordingly, the order of the Lok Adalat dated 05.12.2013

stands confirmed and the Civil Miscellaneous Appeal stands disposed of.

No costs. Consequently, connected Civil Miscellaneous Petition is

closed.

4. The balance awarded amount is bound to be reimbursed to the

appellant / Insurance Company by following the procedures

contemplated. The claimant is permitted to withdraw the amount as per

the settlement.

11.01.2021

Index: Yes/No Speaking Order: Yes/No

vji

To

The Court of Commissioner for Workmen's Compensation - 2 (Deputy Commissioner of Labour - 2), Chennai - 6.

https://www.mhc.tn.gov.in/judis/ C.M.A. No. 1225 of 2006

S.M. SUBRAMANIAM, J.

vji

C.M.A. No. 1225 of 2006 and C.M.P. No. 5104 of 2006

11.01.2021

https://www.mhc.tn.gov.in/judis/