The court disposed of a Civil Revisional Appeal by accepting an out-of-court compromise. The appellant agrees to pay the respondent the awarded compensation amount without accrued interest.
The C.M.A. is disposed of in terms of the compromise made between the parties for the surrender of accrued interest on the awarded compensation.
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THE HONOURABLE SRI JUSTICE G. CHANDRAIAH
C.M.A.M.P.No.1451 of 2009 AND C.M.A.NO.911 OF 2008
- JUDGMENT:
C.M.A.M.P.No.1451 of 2009 is filed seeking to dispose of the C.M.A.No.911 of 2008 by recording the compromise mentioned at paragraph 5 of the affidavit filed in support of the petition as the matter was settled out of Court by way of compromise.
C.M.A. is filed by the United India Insurance Co., Limited, Divisional Manager, Kurnool through its Regional Office, Hyderabad represented by its Deputy Manager aggrieved by the Award dated 05.05.2008 in W.C.No.22 of 2002 on the file of the Commissioner for Workmen's Compensation-cum-Assistant Commissioner of Labour, Kurnool, awarding the compensation of Rs.3,23,714/- with interest at 9% per annum from the date of filing of the application i.e., on 04.07.2002.
This Court, while admitting the C.M.A., on 11.09.2008, granted the interim stay as prayed for in C.M.A.M.P.No.2022 of 2008.
The present application i.e., C.M.A.M.P.No.1451 of 2009 is filed by Sri G. Venugopal Reddy, the learned counsel for the petitioner under Order 23 Rule 3 read with Section 151 C.P.C. praying this Court to dispose of the C.M.A. by recording the compromise terms mentioned at para 5 of the affidavit filed in support of the petition. In para 5 of the affidavit filed in support of this petition, it is stated that pending the above C.M.A., the petitioner/appellant-United India Insurance Co.Ltd., and the respondent came to an understanding that the above C.M.A. may be settled out of Court by way of compromise as the respondent is ready and willing to take only the awarded amount i.e., Rs.3,23,714/- without accrued interest on the said amount in the
W.C.No.22 of 2002, dated 05.05.2008.
Having regard to the averments made at para 5 of the affidavit filed in support of the petition and having regard to the prayer sought for in the petition C.M.A.M.P.No.1451 of 2009 is ordered and the C.M.A. is disposed of in terms of the compromise made in para 5 of the affidavit filed in support of C.M.A.M.P.No.1451of 2009. The terms of compromise shall form part of this order.No order as to costs.
_______________
G. CHANDRAIAH,J
4th August, 2009
bud
2 issues framed by the court
Whether the Civil Revisional Appeal (C.M.A.) be disposed of by recording an out-of-court compromise for payment of the awarded amount without interest.
Whether the terms of compromise filed in the supporting affidavit should form part of the court order.
1 provisions across 1 enactments
United India Insurance Co., Limited
Respondent
G. CHANDRAIAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
