Allowed

Shafiq Ahmed v. Abdul Maboob and Another

Telangana HC9 Oct 2020CMA/750/2013

Case brief

AI extract

What is this about?

The High Court disposed of a Civil Miscellaneous Appeal filed under the Employees Compensation Act after a Lok Adalat mediated settlement was reached between the insurance company and the driver regarding enhanced compensation.

What did the court decide?

The Civil Miscellaneous Appeal was disposed of in terms of the Lok Adalat award directing the insurance company to pay Rs. 1,25,000/- with interest.

Shafiq Ahmed Vs Abdul Maboob and Another — Pension and Retirement Benefits | Telangana HC (2020)

¶1

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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FRIDAY,THE NINTH DAY OF OCTOBER,

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TWO THOUSAND AND TWENTY

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PRESENT

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THE HONOURABLE JUSTICE G SRI DEVI

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CIVIL MISCELLANEOUS APPEAL NO: 750 OF 2013

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Appeal under Section 30 of Employees Compensation Act filed against orders dated 16-7-2013 in WC No. 159 of 2002 NF Passed by the Commissioner for Employees Compensation-cum-Deputy Commissioner of Labour at Nizamabad.

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Between:

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1 SHAFIQ AHIVED, S/o. Shaik Ahmed Occ: Driver of Lorry Bearing No. ATJ 1630, Rl/o. H.No. 9-18-6012, Malapally, Nizamabad.

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...APPELLANT/ APPELLANT

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AND

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ABDUL MABOOB S/o. Abdul Shukur, R/o. H.No.9-19, Nehrunagar, Sarangapur I/andal, Nizamabad District.

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National lnsurance Company Limited, through its Branch Manager, Branch Office, B.laxmi Raj Complex, Jawahar Road, Nizamabad-503001^.

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(Cover Note No.03661 3,valid from 27 -1 1 -1 997 to 26-1 1 -1 998)

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..RESPONDENTS/Opposite Parties

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Counsel for the Appellant :SRl. IZAR SRAVAN KUMAR

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Counsel forthe Respondent No.1: K PALLAVI

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Counsel for the Respondents No.2: None Appeared

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The Court made the following: ORDER

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THE HONOURABLE JUSTICE G. SRI DEVI

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CIVIL MISCELLANEOUS APPEAL No.750 of 2013

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J]JDG,UEN.I:

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Pursuant to a settlement arrived at between the^parties, the Lok Adalat, Hyderabad, passed the following award on 14.12.2019;

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The appellant herein and Sri Azar Sravan Kumar and Sri Azar Kishan Rao, Advocates, for the appellant and respondent No.1 through tr/s. Sujatha K.Kumar, Manager, National lnsurance Company Limited, and their counsel are present. The matter has been settled amicably between the^parties.

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That respondent No.1 agreed to pay enhanced compensation of Rs.1,25,0001 (Rupees one lakh twenty five thousand only) against the awarded amount of Rs. 1,03,6731;

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That the respondenUinsurance company has to deposit an amount of Rs.1,25,000/- (Rupees one lakh twenty five thousand only) within a period of two months from the date of receipt of a copy of this award. ln the event of default, the agreed amount shall carry interest at 60lo per annum from the date of default.

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The appellanUclaimant is permitted to withdraw the entire amount as and when deposited by the insurance company.

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The^parties are informed that the Court fee, if any, paid by any of them shall be refunded.

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No order as to costs of the appeal.

¶30

ln view of the award dated 14.12.2019, passed by the Lok Adalat, Hyderabad, this Civil Miscellaneous Appeal is disposed of in terms of the award.

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Consequently, pending miscellaneous petitions, if any, shall stand closed.

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Sd/-K.GANGADHAR RAO JOINT REGI RAR //TRUE^COPY// SECTI OFFICER

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To,

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1 The Commissioner Commissioner^{of Labour at Nizamaoao'for Employ.eesCompensation-Cum-Deputy}

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2 One CC^{to SRI AZAR SRAVAN KUMAR' Advocate[OPUC]}

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3 One CC^{to SRI K PALLAVI, AdvocateIOPUC]}

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,4 . Two CD^CoPies 1{n*-

HIGH COURT

GSDJ

DATED:0911012020

ORDER

CMA.No.750 of 2013

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PATC

¶44

DISPOS]NG OF THE C.M.A

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f
-,l\A-\a

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BEFORE THE LOK ADALAT

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( o r s a n i z e d b y H i s h * :Ij -l"^r-.lt'.r fi ,:Jr'5.Xflfrj?e e H i s h co u rt o r r u d i ca ru re at Hvderabad for the state of retanga-nai-*.^!v,J!,,1c (under section t9 of the r-egar sl.viclJ'iu'tio.ities Acr 1987 (Centrar Acr)

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( Bero re, ".,r, "illfn 13, u ", Liol,."?l luout,' n ro u.u o u o, Against order in w.c No.159/2002 on the fire of the Deputy commissioner or Labour at Niza mabad)

¶49

Appellantlpetitioner	Shafiq Ahmeds/oShaik Ahmed,aged 52 years,occu; DriverofLorryR/o H.No.9-18-60/2,MalapallyNizamabad
RespondentNo.r!!c	National Insurance companyLtd., representedby itsBranchManager, BranchOffice:Nizamabad;
RespondentNo.I^!h	AbdulMaboobs/oAbdul Shukoor,aged major, occu: owner oftheLorry No.ATJ-1630,R/oNehurunagar, Saranapur,Nizamabad

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NO, OF PROCEEDINGS OF THE HIGH COURT LEGAL SERVICES^COMMITTEE: oRDER ROC. NO. 1s1/HCLSC/2o19^DT. 11-12-2019

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Present:

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Name of Chairman : Hon'ble Sri Justice P.Naveen Rao, Judge, High court for the State of Telangana

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Name of Members

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1. Sri Pathipaka Ranr Prasad, Advocate, High court for the^state of Tela nga na

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1. Smt.R.Madhavi Latha,^Advocate High court for the state of Telangana/Social^Worker

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AWARD

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Thedisputebetweenthepartieshavingbeenreferredfor determination io^{the LOK ADALAT and the parties havingcompromised the} case/matter,thefollowingawardispassedintermsofsettlement.

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The appellant herein^{and Sri Azar Sravan Kumar and Sri Azar Kishan} Auo, uOuoiu'tes^{for the appellant and the respondent No.1 th.rough} fVi.suiatna K.Kumar,^{Manager, NationalInsuranc--e Company Ltd'' and their} .ornrli uiu^{present. fne iratter has been setfled amicablybetweenthe} pa rties.

¶59

That the^{respondenvrespondentNo'1 agreed toPay enhanced} fompensation^{of ns. f} ,ZS-,OOO/-^inup""-t -on^e.^{lakh twenty five thousand only)} against the^{awardedamount of Rs'1,03,673l-}

-^\ttq,

Lr-e.

( (

That the respondent/insurance company is to^{deposit an amountof} Rs.1,2s,ooo/- (Rupees one lakh twenty five thousand only) within a^period of two (2) months from the date of receipt of a copy oF this award. In the event of default, the agreed amount shall carry interest at 60lo per annum from the date of default.

¶64

The a ppella nt/claima nt is permitted to withdraw the entire amount as and when deposited by the insurance company.

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The parties are informed that the court fee, if any, paid by any of them shall be refunded.

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¶67

No order as to the costs of appeal

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ant

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*eraa fin F:or Nationa tl Co. Ltd Author SignalorY Respondent No.r-

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J
Couns e for appellan
a
Chairman

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Member

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Counsel for Respondent No.t-

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JvMember

¶74

Date: 14-12-2019

¶75

Seal of the committee

Shafiq Ahmed v. Abdul Maboob and Another

Case brief

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Shafiq Ahmed v. Abdul Maboob and Another

Case brief

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