Kodithyala Sreedhar v. Sri Anjayya Hanumayya Koyadwar And Another

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY, THE THIRTY FIRST DAY OF DECEIVBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE JUSTICE G, SRI DEVI CIVIL MISCELLANEOUS APPEAL No o J F 2012 Appeal Under Section 30 of Workmen's Compensation Act against the Judgment/Decree in W.C. No.256 of 2003 dated 19-11-2011 on the file of the Court of the Commissioner for Wokmen's Compensation and Deputy Commissioner of Labour, at Nizamabad Between:

Kodithyala Sreedhar, S/o Lingaiah, Occ.Ex Lorry Driver and Business in Paddy, Maize and other Food Grain on Commission basis, Fl/o H.No. 9-32, Ramnagar, Karimnagar, Presently Rl/o Ashok Nagar, Kamareddy, District Nizamabad. ...Appellant AND '1 . Sri Anjayya Hanumayya Koyadwar, S/o. Hanumayya Koyadwa, Occ. IVlajor, Ownerof Jeep Bearing No. tr/H 31 AH 9354, R/o. Plot No. 14, Teka Naka, Kamptgee Road, Nagpur [\,4aharashtra State.

2. National lnsurance Company Limited, Jatpura Gate, Chandrapur, l\,4aharashtra State, represented by its Branch lt4anager, Branch Office, D.No. 5-8-79912 B' Laxmiraj Complex, Jawahar Road, Nizamabad District Nizamabad.

...Respondents

Counsel for the Appellant: SRI LAKKADI DAYAKER REDDY Counsel for the Respondents: NONE APPEARED The Court made the following: JUDGMENT

HONOURABLE JUSTICE G. SRI DEVI IVIL MISCEI,LANEOUS APPEAL NO,383 OF 2O I2 .,UDGMENT:

PrLrsrianL Lo a sL'ttlemcnt art iVecl at bct\\'ccr'1 llrt p:lrLit's. LhL L.r-,k Acl:Ll:Lt, H1'dcrab:rd. passed the lbl1ou'ing arvard on 07.11.2020:

1. This C.M.A. arises out of the ordel dated 19.1 1.201 1 in W.C.No.256 of 2003 NF on the file of tl-ie Commissionet' for Workmen's Compensation and Deputl' Commissioner rtl Labour, at Nizamabad.

2. The Commissioner for Workmen's compen sation and Dt'pr-l1v Coinn-iissioner of Labour al Nizamabad in W,C.No.256 of 2003 NF has granled compensatiotr ol Rs.2,18.007/- including costs and Advocate fee. Aggricved br tl-re saicl ot'der, thc :,rpplicant prefcrred a.n appc:t1 I'Lie C.Nl.A.No.383 of 2012 Durir-rg thc pcnrlettcr of appe:rl both the pal-Lies ha\ r' cIrrpronrtsecl lhc Iniltt('r. l. 'lhe AppcllaLrtrl'Applicirrtt alottg u tth his coLlrlsel St't N4.Prakash Reddl', Adr,ocaLe, has rcpresentcd belbre thc: r,irtual Lok Adalat througl-i online or,er the link pror,idecl br' the High Court Legal Services Committee, High Court ior the State of Telangana,

4. The Respondenl No.2 - National Insurance Companl' Limited, Smt. Sujatha K.Kumar, Manager, has represente d before the r,irtual Lok r\rlalat thlough online ovcr the link pror,icled bv the High CoiLrt Legal Sen,ices Con-Lnriltee. I{igl-t CoLlrt lor the State of Telangana.

5. Both rhe parties statcd th.lt thel' resolr'ccl tl.re clispr-LLt amlcirbh nrrt *c,rtcrccl inro compromise.

Tl're

Appellant/ Applicant has sent copy of Aadhar card in pr-or,l of his identificarion. The maLrer has been settled amicabir betu'een the parties.

The. Appellant/ Appllcelnt hers agreed to receive an amoLlli () ol Rs.2,25,000/- (Rupee s 'l'u.o lakhs t\,l-entv fivc rh()us.u rr I onh ) tou':trds 1t-rll and ljnirl scttlement apart frotn rl ilm()Lllrt atri arclecl 1;r thc C or.r.rr-riissilrner. lirr \\ror-knt. Coinpensation artd Deplrtr Ctonirlissioner of L:lltoLrr- \izarnabad.

Accordingh the au ard is 1;assccl ibr an amoLlnt ,,1 7.

Rs.2,25,000/- (Rupees Tuo lakhs tu'enn. fir,e rhousan.l onh') to\\,ards lull and final settlement apart from r.lr,. amount ar'varded by the Commissioner for Workmc.n s Compensation and Deputy Commissioner of Labour ,,; Nizanrabad.

The Respondent No.2/lnsurance Companv has to deposrl the au-arded amolrnt of Rs.2.25,000/- (Rupees Trr'o Iaklrs ttcntr five thoLlsanal onh') lou;rrds ft-tll ancl lln:rl selrlerrl;r u jtlrir.r :r periocl ol trvo (2) rlonths ll'o r.n the rlate o1' rr i r rl)l copr of tlris au':rrcl :rprrrt 1'r'on.t th('ltntoul)t:rn:rrclc'cl ltr rl,,' Cornmjssioner for- Worknrcrt s C onr ltclr s:rtion ancl Dc1tL, Clonrrnissioner of Lirbour irt Nizarnabad, aftcr gr\ rnl crccliL to the amoLlnt :rlrc:rrll cicposiLed. In the e\ enl dclault or del:rv in makir-rg such deposit, the amolLn i pal'able shali carn- interest at 1291, per an1-rum lrom tir,' date of default.

Upon such deposit, the Appellant is at liberty to u,ithdrario the entire amount

I0. ln tcrms of the compromisc arrir.ed at bet\\'een the partit's. Lhis casc stands disposed of.

I 1. Thc partie s are inlbrmed that rhe Court fcc. il artr . paid ltr anv of them belbre lor,r'er Court shall be refunded. In view of the award dated 07. IL.2O2O, passed by the Lok Adalat, Hyderabad, this Civil Miscellaneous Appeal is disposed of in terms of the award.

Miscellaneous applications, if any, pending shall stand closeci I Sd/-I.NAGA LAKSHMI ASSISTANT REGISTRAR //TRUE COPYi/ SECTION OFFICER To, '1 . The Commissioner for Workmen's Compensation and Deputy Commissioner of Labour, at Nizamabad.

2. One CC to Sri Lakkadi Dayaker Reddy, Advocate IOPUC]

3. Two CD Copies (Along with a copy of Lok Adalat Award) )iy I

HIGH COURT GSDJ DATED:3111212020

JUDGMENT

CMA.No.383 of 2012 t 1 I J,rlil 2021 z () *d'

\ * S.sP,4.TCH .-0 DISPOSING OF THE C.M.A. IN TERMS OF THE AWARD ah\ \-/ \ ?'

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- BEFORE THE LOK ADALAT HELD AT HYDERABAD (Organized by High Court Legal Services Committee High Court for the state of Telangana) (Under Section 19 of the Legal Services Authorities Act, 1987 (Central Uhrovgb vidto Act)bn{erenumdt) r " "r! loril.' ir.t"9i' "

i1 i'i 1'., ", Against the order in W.C. No. 256 of 2OO3 NF on the file of the Commissioner for Workmen's Compensation and Deputy Commissioner of Labour, at Nizamabad, dt. 19th November, 2O11) Appell t Kodithyala Sreedhar, S/o. Lingaiah, Aged about 35 years, Occ: Ex-Lorry driver and business in paddy, Maize and other food grain on commission basis, R/o. H.No.

9-32, Ramnaga r, Karimnagar, Presently residing at Ashoknagar, Kamareddy, 1.

\i t)tctl c cr ouiiT LoK4l) ALAT I D istrict: N iza ma ba d , Sri Anjayya Hanumayya Koyadwar, S/o Hanumayya Koyadwa, aged: Major, owner of Jeep bearing No, MH-31 AH9354, R/o. Plot No.14, Teka Naka, Kampet Road, Bagpur, lYa ha rashtra State.

Resp ite parties National Insurance Company Ltd., Jatpu ra Gate, Chandrapru, 14aharashtra State, Represented by it's Branch Manager, Branch Qffice, D.No. 5-B-799l2, B-Laxmiraj Complex, lawahar Road, tlizamabad, Dist: Nizamabad Respondent No.2 2.

I (No. of proceedings of the High Court Legal Services Committee: ORDER ROC No. 1035/HCLSC/2O20, Dated 04-11-2020. ::Present::

:Hon'ble Sri Justice P.Naveen Rao, Judge, High Court for the State of Telangana Name of Chairman :(1) Sri S.Surender ReddY, Advocate, High court for the State of Telangana

(2) Smt.Nandita Guha, Advocate, High Court for the State of Telangana/ Social Worker Name of Members AWARD The above case between the parties having been referred for determination to the LoK ADALAT and the parties h*ving compromised the case/matter, the following Award is passed in terms of tle settlement' t This CN4A arises out of the order dated 19-11-2011 ln W.C.No' 256 of 2003 NF on the file of the Commissioner for Workmen's Compensation and Deputy Commissioner of Labour, at Nizamabad. ,&\"-, Xa"aAYfiO*

The Commissioner for Workmen,s Commissioner of Labour at Nizamabad in granted compensation of Rs. 2,lg,OO7/_ fee. Aggrieved by the said order, the a vide C.M.A.No. 383 of 2012. During parties have compromised the matter 2.

Compensation and .:puty W.C.No. 256 of 2003 NF has including costs and Advocate pplicant preferred an appeal the pendancy of appeal both the The Appellant/ Advocate, has online over the Iink provided by Applicant along with his counsel Sri M.prakash Reddy, represented beFore the virtual Lok High Court the Adalat through Legal Services Committee, High Court for the State of Tel a nga na.

\t !gl The Respondent No.2 _ National Insurance Company Limited, Smt.Sujatha K.Kumar, Manager, has represented before the virtual Lok Adalat through online over the link provided by the High Court Legal Servrces Committee, High Court for the State of Telanqana. Both the parties stated that they resolved the dispute amicably and entered into compromise. The Appe lla nt/Applica nt has sent copy of Aadhar card in proof of his identification. The matter has been set,ed amicably between the parties.

The Appella ntlApplica nt has agreed to receive an amount of Rs.2,25,000/- (Rupees Two lakhs twenty five thousand only) towards full and final settlement apart from the amount awarded by the Commissioner for Workme of Labour at Nizamabad.

n,s Compensation and Deputy Commissioner arurJ ,-*\ F).

t,.\ iro I 6.

Accordingly the award is pas (Rupees Two lakhs twenty final settlement apart from the 7.

sed for an amount of Rs,2r25rOO0lfive thousand only) towards full and amount awarded by the Commissioner nd Deputy Commissioner of Labour at for Workmen,s Compensation a Nizamabad.

The Respondent No.2/Insurance Company has to deposit the awarded amount of Rs.2,25,000/_ (Rupees Two lakhs twenty fivc thousand only) towards full and final settlement within a perioit of two (2) months from the date of receipt of copy of this award apart From the amount awarded by the Commissioner for Workmen,s Compensation and Deputy Commissioner of Labour at Nizamabad, after giving due credit to the amount alrgs(y deposited. In the event of default or delay in making such deposit, the amount payable shall carry interest at 72o/o per annum from the date of default.

Upon such deposit', the Appeilant is at riberty to withdraw the entire amount.

9.

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10.

In terms of the compromise arrived at between the parties, this case sta nds disposed of, The parties are informed that the court.fee, if any, paid by any of them before lower court shall be refunded.

11.

s +t -d i-{ i aerdrEr nc€ Co. Ltd o( National INS K C"..,'f- :

EFreff6-df ed Slc nalo'

uth orls s\ Appellant/Applicant Res ondent N Insurance Com an Counsel for Appellant/A plicant Q s*--g:

Na^a Qc.

,AK, I Ch a irma n r Membe ()i)ti { Date: 07-11-2020 r,\Gl\ Al-) f\L i'-I uoK * er, m ittee ) l"