Partly allowed

National Insurance Company Limited, Khammam. v. Vutukuru Rama Devi and 4 Others

Telangana HC13 Sept 2022CMA/716/2013

Case brief

AI extract

What is this about?

Workmen's Compensation appeal filed by National Insurance Company Limited against a compensation order. Referred to Lok Adalat and settled. Appeal disposed based on Lok Adalat award confirming the insurer's order and directing payment.

What did the court decide?

Appeal disposed of based on Lok Adalat awarding confirmation and directing payment of unpaid amount within one month.

National Insurance Company Limited, Khammam. Vs Vutukuru Rama Devi and 4 Others — Telangana HC (2022) — LawSathi Research

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[³²⁵⁸ ]

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IN THE HIGH^{COURTFOR THE STATE OF TELANGANA} AT HYDERABAT,)

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TUESDAY, THE^{THIRTEENTHDAYOF SEPTEMBER} TWO THOUSAND AND^{TWENTY TWO}

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PRESENT

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THE HONOURABLE^{SRIJUSTICESAMBASIVARAO NI\IDU}

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CIVIL MISCELLA^{NEOUS APPEALNO: 716 OF 2013}

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AppealUnderSection30ofWorkmen,sCompensationActagainstthe order in^{w.c.No.2oof 2003(FATAL) dated03.03.2006 on the file of the} commissioner^{for workmen's compensationand Assistant commissioner of} Labour,^Khammam.

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Between:

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National lnsurance^{Company Limited, Khammam, Rep, by its-} -^Divisional 'fr4inigur, Di"itional lvlanager, Divisional Office, D'No'11 -5-1214, Wyra Road' Khammam.

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...A'PPELLANT/RESPONDENT^NO,2

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AND

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Vutukuru Rama^{Devi,W/o Late Uma Shankar, Occ:HouseWife R/o} Garlavoddu, Enkoor^{tr,4andal, Khamma m Dit;trict.}

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z. Vuiuturu^{Anusha,D/o Late UmaShankar, aged16 years, Occ: Student'Ryo} Garlavoddu, Enkoor^{Mandal, KhammamDi:trict.}

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a. Vuiuiuru^{Naga Sudha, D/o Late UmaShanl<ar,aged14 years,Occ: Student,} R/o Garlavoddu,^{Enkoor Mandal, KhammanlDistrict.}

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+. Vuiukuru Sravant,^{D/o Late UmaShankar, aged 12 years, Occ: Sludent, Res'} 2 to 4 are rep.by^{their mother-Res.No.1R/o Garlavoddu' Enkoor Mandal,} Khammam District.

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Vutukuru^{Narasamma, Wo late Kristaiah, Occ:House hold, F/o Garlavoddu,} Enkoor^{IVlandal,KhammamDistrict.}

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...RESPONDENTS/APPLICANTS

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Counsel forthe^{Appellant:SRl. RAVISHANKAR JANDHYALA} Counsel for^{the RespondentNos.1to 5: SRl. KOWTURU PAVAN KUMAR} counsel for the^{RespondentNo.6:Appealdismissedfordefault vide courl ordetdated 22.12.2011}

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The Court^{delivered the following:JUDGMENT}

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THE HON'BLE JUSTICE SAMBASIVA RAO NAIDU

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C.M.A. No.716 OF 2()13

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JUDGMENT:

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This appeal is liled by the appellant - National Insurance Company Limited against the respondents seeking to set aside the order, dated 03.03.2006, passed in W.C.No.2O/20O3 by the Commissioner for workmen's Compensation and Assistant Commissioner of Labour At Khammam, wherein, the Court below granted compensation of Rs.3,38,862f - in favour of respondents - claimants.

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Heard. Perused the record.

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At request of learned counsel for the parties, this Court virCe order, dated 23.06.2022, has referred the appeal to Lok Adalat. On 26.06.2022, thc matter was settled before the Lok Adalat and an Award was passed to that effect.

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In view of the above said Award, the appeal is disposed of. Registry is directed to enclose a copy of the Award, dated 26.06.2022 passed by the Lok Adalat to this order.

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Miscellaneous Petitions, if any, pending in this appeal shall stand closed. There shall be no order as to costs.

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SD/.B.S.CHIRANJEEVI JOrNT REGISTtrAR / //TRUE COPY' u' SECTION OFFICER

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l.TheCommissionerforWorkmen,sCompenl;ationandAssitantCommissioner of Labour, Khammam^{(with records)}

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One CC to SRl.^{RAVI SHANKARJANDHYTTLA,Advocate[OPUC]} 3. One CC to^{SRl. KOWTURU PAVAN KUMAR, Advocate[OPUC]}

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Two CD CoPies

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q ALONG WITH A COPY^{OF LOK ADA'LAT AWARD.}

HIGH COURT

DATE D: 1 310912022

JUDGMENT

CMA.No.716 of 2013

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DISPOSING OF THE C.M.A. IN TERMS OF LOK ADALAT AWARD WITHOUT COSTS.

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BEFORE THE LOK ADALAT

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1r)^6{r.,tc-t .l\ecr',d

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HIGH COURT LEGAL SERVICES COMMITTEE

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FOR THE STATE OF TELANGANA, HYDERABAD.

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[under^{Seclionl9 of the} legol Services Aulhorities Act. 1987 (Centrot Act)l Date:26-06-2022

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Present:1. Hon'ble Sri Justice Sambasivarao Naidu,

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(Judqe, High Court for the State of Tetangana)

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Sri Dominic Mario Fernandes, Advocate, Member

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Smt. K.Sravya, Advocate, Member

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CMA.No.716 of 201 3

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(Before the Hon'ble High Court)

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AGAINST

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W.C. Case No.20 of 2003

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(FATAL)

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(On the fite of the Commissioner for Workmen's Compensation and Asst. Commissioner of Labour Khammam)

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Between:

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National lnsurance Company Limited, Rep. by its Divisionat Manager, Divisional Office, D.No.^'1'l-5-12 / 4, Wyra Road, Khammam

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.Appettant/Respondent No.2

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1. Vutukuru Rama Devi W/o late Uma Shankar, aged 32 years, Occ: Housewife, R/o Gartavoddu, Enkoor Mandat, Khammam District

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Vutukuru Anusha D/o tate Uma shankaraged 16 years, Occ: Student, R/o Gartavoddu, Enkoor Manda[, Khammam District .,:. : : ,;i::.!

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Vutukuru Naga Sudha D/o^tate uma sh;ii*ar, aged 14^years, Occ: Student, R/o Gartavoddu, Enkoor Mandat, Khammam District

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Vutukuru Sravani D/o tate^{Uma Shankar,} aged 12 years, Occ: Student, R/o Garlavoddu,^{Enkoor Mandat,}

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Khammam District

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vutukuru Narasamma w/o^{lateKristaiah, Major} aged 58 years, Occ: Househotd, R/o Garlavoddu, Enkoor Mandat, Khammam District

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,# 4

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ei\ o

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(Respondent Nos.2 to 4 herein being minors, are represented by their mother and natural guardian, the respondent No.1 herein)

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a"'t"'2>"'4'

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...Respondents/Applicants

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6 E.Ramesh Babu 5/o Ramakoteswar Rao, Major Occ: Owner of tanker bearing No. Ap l6X 7026 R/o Opp. E.E.Quarter, V.D.O's cotony,

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Khammam Town and District.

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R6 - Dismissed for defautt yide Court Order

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dt:22-12-201 1

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..-Respondent/Respondent No. 1

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AWARD

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This is an appeal fited by the appeltant/lnsurance Company.

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The Learned Counsel for the Appell.ant/lnsurance Company represented that the lnsurance Company is withdrawjng the appeat fited by it.

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The said representation is recorded and the appeat is dismissed as withdrawn, confirming the order of the Commissioner for Workmen,s Compensation and Asst. Commissioner of Labour, Khammam- The amount if any remaining unpaid to the ctaimant(s) shatt be paid by the lnsurance Company within one month from the date of receipt of the award, atong with interest.

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The Respondents/Petitioners are permitted to withdraw their respective shares as per the apportionment and orders made by the Commissjoner for Workmen's Compensation and Asst. Commissioner of Labour, Khantmam.

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This Award shatt be subject to verification of cross appeat/cross objection, if any, fited by the Respondents, otherwise the parties are at tiberty to appty for recat[ of this Order/Award.

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Court fee paid on this appeat shatt be refunded.

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No costs.

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National Insurance Company Limited, Khammam. v. Vutukuru Rama Devi and 4 Others

Case brief

What is this about?

What did the court decide?

National Insurance Company Limited, Khammam. v. Vutukuru Rama Devi and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

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