Partly allowed

United India Insuance Co. Ltd. v. Abbas Shabber Shaik , Shaik Abbas

Telangana HC14 Oct 2015CMA/634/2015

Case brief

AI extract

What is this about?

The Commissioner allowed an appeal based on a compromise in a workmen's compensation case. The parties voluntarily settled, agreeing by the claimant to forego Rs. 41,000. The Court recorded the compromise, allowing the remainder of the deposited amount.

What did the court decide?

The appeal (CMAMP No. 1526 of 2015) is allowed and the main appeal is disposed of in terms of the recorded compromise, permitting the claimant to receive the deposited amount excluding Rs. 41,000 whic

United India Insuance Co. Ltd. Vs Abbas Shabber Shaik , Shaik Abbas — Telangana HC (2015) — LawSathi Research

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THE HON’BLE SRI JUSTICE M.SEETHARAMA MURTI

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CMAMP.No.1526 of 2015 in/And

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CMA.No.634 of 2015

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JUDGMENT:

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This appeal under Section 30 of the Workmen’s Compensation Act, 1923 is directed by the 2^nd opposite party assailing the orders dated 09.04.2015 of the learned Commissioner for Employees’ Compensation and Assistant Commissioner of Labour-II, Hyderabad passed in W.C.No.73 of 2014.

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2. CMAMP.No.1526 of 2015 is filed by both the parties along with the memorandum of terms of compromise praying to record the compromise entered into between the parties and to dispose of the appeal in terms of the compromise.

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3. When the matter is taken up for hearing, the learned counsel for both the parties have stated that the parties i.e., the appellant and the 1^st respondent have amicably settled the matter outside the Court and that the terms of compromise are reduced into writing and a memorandum of compromise with the said terms is filed along with CMAMP.No.1526 of 2015 and that, therefore, the appeal may be disposed of in terms of compromise.

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4. The authorised signatory of United India Insurance Co., Ltd.,/appellant and the 1^st respondent are present before this Court today. They are identified by their respective counsel. They have also produced copies of documents showing their identities. When examined by the Court, they have stated that they have entered into compromise

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voluntarily with free will and consent and without any pressure from any quarter.

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5. Since this Court is satisfied that the compromise was entered into by both the parties with free will and consent and without any pressure from any quarter and since the parties have admitted the terms of compromise before this Court, the compromise is recorded.

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6. Accordingly, CMAMP.No.1526 of 2015 is allowed and the CMA is disposed of in terms of compromise. Accordingly, there shall be an Award permitting the 1^st respondent/claimant to receive the entire amount in deposit, however, excluding Rs.41,000/- as he had agreed under the terms of compromise to forego the said amount. The appellant is permitted to withdraw the said Rs.41,000/-. The memorandum of compromise shall form part of the decree.

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Miscellaneous petitions, pending if any, in this appeal shall stand closed.

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__________________ M. SEETHARAMA MURTI, J

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14.10.2015 Vjl

United India Insuance Co. Ltd. v. Abbas Shabber Shaik , Shaik Abbas

Case brief

What is this about?

What did the court decide?

United India Insuance Co. Ltd. v. Abbas Shabber Shaik , Shaik Abbas

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Parties & counsel

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