New India Assurance v. D. Suresh

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.11.2017

CORAM: THE HONOURABLE Mr.JUSTICE N.SESHASAYEE

CMA.No.1652 of 2006 and CMP.No.7309 of 2006

New India Assurance Company Ltd., No.29, Paramathy Road, Namakkal. .. Appellant/Opposite Party Vs. 1.D.Suresh ..R1/Applicant 2.V.Ravichandran [Exparte before the Tribunal] ..R2/1^st Opposite Party

Prayer : Civil Miscellaneous Appeal preferred under Section 30 of the Workmen Compensation Act, 1923, against the order of the Commissioner for Workmen's Compensation Tribunal, Salem dated 14.3.2005 made in W.C.No.535 of 2004.

For Appellant : [No appearance] For Respondents : Mr.C.Thangarajan for Mr.Ma.Pa.Thangavel [ R1] R2 – Batta due JUDGMENT

This appeal was posted on 08.09.2017 and 15.09.2017 On both occasions, there was no representation for the appellant and accordingly, the matter was directed to be listed under the caption “for dismissal”. Even today, there is no representation for the appellant. Hence, the appeal is dismissed for default.

1. The first respondent is present through out. The learned counsel for the first respondent submitted that the appellant has deposited the entire award amount before the Tribunal. The first respondent/petitioner is permitted to withdraw whatever amount that remains in the Court deposit in the credit of W.C.No.535 of 2004 forthwith. No costs. Consequently, connected miscellaneous petition is closed.