The Proprietor vs M.Vengadesan
2023 Latest Caselaw 17592 Mad

Madras High Court

The Proprietor vs M.Vengadesan on 22 December, 2023

Author: M.Dhandapani

Bench: M.Dhandapani

                                                                                 C.M.A.No.1599 of 2021

                              IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                    DATED : 22.12.2023

                                                         CORAM

                                  THE HON'BLE MR. JUSTICE M.DHANDAPANI

                                                   C.M.A.No.1599 of 2021
                The Proprietor,
                M/s.Bricks and Bricks,
                Presently M/s Bright and Bright
                No.51, First Street, New Saram,
                Pondicherry.                                                        … Appellant
                                                            -vs-
                M.Vengadesan                                                        ... Respondent

                Prayer:- Civil Miscellaneous Appeal Petition filed under Order 43 Rule 1 of the
                Civil Procedure Code to set aside the order passed by the Additional
                Commissioner of Employee Compensation Pondicherry in WCA No.07/2017
                dated 08/01/2021.

                                  For Appellants           : Mrs.Rita Chandrasekaran

                                  For Respondent           : Mr.Prakash Adiapadam

                                                   JUDGMENT

The appeal has been filed to quash the order passed by the Additional

Commissioner of Employee Compensation, Pondicherry in WCA No.07/2017

dated 08/01/2021.

2. It is the case of appellant that the respondent was working with the

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petitioner Management as an operator and he was earning Rs.9000/- per month.

During the course of employment, the first respondent met with an accident and

sustained injuries. Therefore, the first respondent filed a claim petition before

the workmen Compensation Court, Puducherry. The Labour Officer, after

adjudication, awarded compensation for a sum of Rs.3,73,709/- as

compensation with 12% interest to the respondent. Challenging the same, the

present appeal has been filed.

3. The learned Counsel for the appellant submitted that the petitioner

Management has complied with the award and deposited the compensation

amount before the Workmen Court. This Court may grant liberty to withdraw

the entire award amount awarded by the Tribunal and the respondent/claimant

appeared before this Court and agreed to withdraw the entire award amount

deposited by the appellant with interest and he will not make any further claim

as against the appellant.

4. The learned counsel for the respondent submitted that the respondent

has agreed to withdraw the award amount and he will not make any claim as

from the appellant in future. To that effect, the respondent has made an

endorsement before this Court.

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5. In view of the consent view expressed by both sides, this Court is

inclined to give liberty to the respondents workmen to withdraw the entire

amount deposited by the appellant management. However, this Court makes it

clear that the workmen is not entitled for making further claim as against the

appellant management.

6. In view of the fair submission made by the learned counsel for the

appellant as well as the respondent, the appeal is closed. No costs.

22.12.2023 Rli

Index: Yes/No NCS : Yes/No

To

The Additional Commissioner of Employee

Compensation, Pondicherry

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

M.DHANDAPANI,J.

Rli

22.12.2023

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