Dismissed

The New India Assurance Co., Ltd., Chennai v. Thiru v Vadivelu

Madras HC9 Mar 2020CMA/481/2007

Case brief

AI extract

What is this about?

The Insurance Company appealed against a Workmen's Compensation award. The Court dismissed the appeal as nothing survives for adjudication since the claimant had settled the dispute with the Insurance Company and refunded monies during the pendency of the appeal.

What did the court decide?

The Civil Miscellaneous Appeal is dismissed; no costs awarded; connected Miscellaneous Petition closed.

The New India Assurance Co., Ltd., Chennai Vs… — Pension and Retirement Benefits | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 09.03.2020

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CORAM

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THE HONOURABLE MR. JUSTICE M. DURAISWAMY

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M.P.No.1 of 2007

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The New India Assurance Co. Ltd.,

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45, Moore Street, 5^th Floor, Chennai – 1. ... Appellant /2^nd Respondent

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v. 1. V.Vadivelu ...1^st Respondent/Petitioner 2. Tmt. K.Kalavathi ...2^nd Respondent/1^st Respondent

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Civil Miscellaneous Appeal filed under section 30 of Workmen's Comepnsation Act, 1923, against the judgment and decree dated 13.12.2006 made in W.C. No.391 of 2005 on the file of the Court of Commissioner for Workmen's Compensation [Deputy Commissioner of Labour-1], Chennai.

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For Appellant : Mr. M. Krishnamoorothy

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For Respondents : Not Ready in Notice

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Challenging the award passed in W.C. No.391 of 2005, on the file of the Commissioner for Workmen's Compensation [Deputy Commissioner of Labour-I], Chennai, the Insurance Company has filed the above Civil Miscellaneous Appeal.

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2.1 The 1^st respondent-claimant filed the Workmen Compensation Case in W.C. No.391 of 2005 claiming a total compensation of Rs.5,00,000/-.

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2.2 The Deputy Commissioner of Labour-I, Chennai, by award dated 13.12.2006, awarded a sum of Rs.3,28,950/- as compensation for the injuries sustained by him. Challenging the said award, the Insurance Company has filed the above Civil Miscellaneous Appeal.

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https://hcservices.ecourts.gov.in/hcservices/

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Mr. M.Krishnamoorothy, learned counsel appearing for the appellant submitted that after the filing of the Civil Miscellaneous Appeal, the 1^st respondent-claimant withdrew the entire award amount deposited by the Insurance Company and after withdrawing the said amount, the 1^st respondent refunded a sum of Rs.54,000/- by way of Demand draft dated 09.03.2007 drawn on State Bank of Patiala, Broadway Branch, Chennai – 600 108. The learned counsel appearing for the appellant further submitted that the said Demand Draft was forwarded to the Insurance Company and they have also realized the same.

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From the above, it is clear that the 1 st respondent had
settled the dispute with the Insurance company and therefore,
nothing survives for adjudication in this Civil Miscellaneous
Appeal. Accordingly, the Civil Miscellaneous Appeal is
dismissed. No costs. Consequently, connected Miscellaneous
Petition is closed.
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
Rj
To
The Commissioner for Workmen's Compensation
[Deputy Commissioner of Labour-1],
Chennai.
+1cc to Mr.M.Krishnamoorthy, Advocate SR.20754
C.M.A. No.481 of 2007 and
M.P.No.1 of 2007
SVI(CO)
CB(30/09/2020)

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https://hcservices.ecourts.gov.in/hcservices/

The New India Assurance Co., Ltd., Chennai v. Thiru v Vadivelu

Case brief

What is this about?

What did the court decide?

The New India Assurance Co., Ltd., Chennai v. Thiru v Vadivelu

Case brief

What is this about?

What did the court decide?

What the court decided

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