Allowed

The Divisional Manager, v. Muthulakshmi

Madras HC8 Jul 2023CMA(MD)/69/2023

Case brief

AI extract

What is this about?

This is a National Lok Adalat award discounting a civil miscellaneous appeal filed by an insurance company. The bench recorded a mutual settlement where claimants received Rs. 4,89,200 and accrued interest, with the excess deposit of Rs. 7,76,769 refunded to the appellant with interest as per Law.

What did the court decide?

Settlement of claim at Rs. 4,89,200 plus interest; refund of excess deposit of Rs. 7,76,769 by insurance company with interest; disposal of appeal on these terms.

The Divisional Manager, Vs Muthulakshmi — Madras HC (2023) — LawSathi Research

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HIGH COURT LEGAL SERVICES COMMITTE, MADURAI

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Madurai Bench of Madras High Court, Madurai - 625023

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Saturday the 8th day of July 2023

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NATIONAL LOK ADALAT AWARD

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(Chapter VI and u/s 21 or Legal Services Authorities Act, 1987)

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Presided Over by

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The Honourable Mr Justice R.VIJAYAKUMAR

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and

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Members

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Mr.JOHN R.D.SANTHOSAM, Mr.A.HAJA MOHIDEEN

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CMA(MD) No.69 of 2023

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(Appeal against the judgment and decree passed on 17/10/2022 in EC.101/2017 on the file of the COMMISSIONER / DEPUTY COMMISSIONER OF LABOUR FOR WORKMEN COMPENSATION, MADURAI)

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The Divisional Manager,

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The New India Assurance Company Limited, Ellis Nagar, 70 Feet Road, 12 Parvathy Palaza, Ground Floor, Madurai.

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... Appellant/s

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Versus

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Tmt.Muthulakshmi W/o. Late. Irulandi

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Durairaj,

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S/o. Late. Irulandi, Ezhayirampannai, Sattur Taluk, Virudhunagar District.

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Selvi. Vasanthi,

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D/o. Late. Irulandi, Ezhayirampannai, Sattur Taluk, Virudhunagar District.

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Selvi. Priya,

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D/o. Late. Irulandi, Ezhayirampannai, Sattur Taluk, Virudhunagar District.

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Dr.N.J. Arunkumar,

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

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Hanna Joseph Hospital, Lake View Road, K.K. Nagar, Madurai.

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6. Kannayiram,

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The Manager, RBE Construction, Anna Nagar 1st Street, K.K. Nagar, Madurai – 7.

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7. P. Raja,

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S/o. Balu Thevar, The Manager, Hanna Joseph Hospital, Lake View Road, K.K. Nagar, Madurai.

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... Respondent/s

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This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s Mr.G.Prabhu Rajadurai and the counsel for the respondents 1 to 4 Mr.N.Ceeralan are present. After mutual discussion, negotiation, mediation and conciliation between both parties and with the assistance of the Bench, both sides consented for settlement.

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AWARD

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The present appeal has been filed by the insurance company challenging the award passed by the Commissioner under the Workmen's Compensation Act.

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Pursuant to the award, the appellant company has deposited Rs.7,76,769/on 09.12.2022. Both the parties have agreed that the claimants would be entitled to a sum of Rs,4,89,200/- (Rupees Four Lakhs Eighty Nine Thousand and Two Hundred only) along with accrued interest from 09.12.2022. The balance amount deposited by the insurance company shall be refunded to the company along with accrued interest from 09.12.2022.

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The Civil Miscellaneous Appeal is disposed of on the above terms. No costs.

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

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The Divisional Manager,

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The New India Assurance Company Limited, Ellis Nagar, 70 Feet Road, 12 Parvathy Palaza, Ground Floor, Madurai.

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Counsel for the Appellant/s

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Tmt.Muthulakshmi W/o. Late. Irulandi

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Durairaj,

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S/o. Late. Irulandi, Ezhayirampannai, Sattur Taluk, Virudhunagar District.

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Selvi. Vasanthi,

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D/o. Late. Irulandi, Ezhayirampannai, Sattur Taluk, Virudhunagar District.

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Selvi. Priya,

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D/o. Late. Irulandi, Ezhayirampannai, Sattur Taluk, Virudhunagar District.

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Dr.N.J. Arunkumar,

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Hanna Joseph Hospital, Lake View Road, K.K. Nagar, Madurai.

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

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6. Kannayiram,

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The Manager, RBE Construction, Anna Nagar 1st Street, K.K. Nagar, Madurai – 7.

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7. P. Raja,

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S/o. Balu Thevar, The Manager, Hanna Joseph Hospital, Lake View Road, K.K. Nagar, Madurai.

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Counsel for the Respondent/s

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This Lok Adalat award is passed in terms of the above settlement.

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The full Court fee paid shall be refunded to the appellant in the manner provided under Section 69-A of the Tamilnadu Court Fees and Suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994.

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The Original of the award shall be place in the court record and copy of the award, kept with High Court Legal Services Committee and one copy each is furnished to both parties free of cost.

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In agreement of the above, both parties and their counsel have affixed their signatures/ thumb impressions in presence of the Lok Adalat Bench admitting the terms and today conditions and accordingly, the award is passed.

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JUDGE

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MEMBER MEMBER

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

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To: The Parties/Advocate concerned Copy To

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COMMISSIONER / DEPUTY COMMISSIONER OF LABOUR FOR WORKMEN COMPENSATION, MADURAI.

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The Officer-in-Charge, High Court Legal Services Committee, Madurai.

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The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

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Typed By BALAJI PS To The Hon'ble Judges

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

The Divisional Manager, v. Muthulakshmi

Case brief

What is this about?

What did the court decide?

The Divisional Manager, v. Muthulakshmi

Case brief

What is this about?

What did the court decide?

What the court decided

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