This Civil Miscellaneous Appeal has been filed by the appellant/respondent-1, to set aside the fair and decreetal order dated 15.10.2010 made in W.C.No.372 of 2007 by the Commissioner, Workmen Compensation Act, 1923, (Deputy Commissioner of Labour), Trichy.
3.It is a case of a fatal accident, which took place on 18.06.2015, on the premises of the appellant/first respondent.
2.The case of the petitioners before the Commissioner under the Workmen Compensation Act, 1923, is that the deceased was working as a Carpenter under the third respondent. On 18.06.2005, after completion of work, the appellant asked the deceased to pluck the mangoes from the trees and informed that he would pay for the same. Hence, the deceased climbed the tree, while plucking the mangoes, he fell down and sustained fracture in hip and legs, despite treatment, he died on 18.05.2007.
3.The petitioners filed applications in W.C.No.372 of 2007, before the Commissioner under Workmen Compensation Act,Trichy /Deputy Commissioner of Labour, seeking compensation.
4.Before the Commissioner, the petitioners examined one witness as P.W.1 and marked fourteen documents as Ex.P.1 to Ex.P.14 and on the side of the respondents one witness was examined as R.W.1.
5.The Commissioner, after considering the pleadings, oral and documentary evidence and the arguments advanced on either side and also on appreciating the evidence on record, held that the accident had occurred while the deceased was working as a labourer under the appellant/first respondent and directed the appellant/first respondent to pay a sum of Rs.4,52,910/- to the petitioners.
6.Against which the appellant/first respondent filed this appeal to set aside the award.
7.While so, when the matter was taken on 20.09.2017, a joint compromise memo, signed by the parties on either side has been submitted stating the matter has been settled among the parties.
8.Recording the joint compromise memo, this Civil Miscellaneous Appeal is closed and the respondents/petitioners are permitted to withdraw a sum of Rs.2,26,500/- out of the amount deposited by the appellant/first respondent and the remaining amount shall be paid back to the appellant/first respondent. The joint compromise memo shall form a part and parcel of this judgment. No Cost. Consequently, connected miscellaneous petition is closed.
To
1.The Commissioner, (Under Workmen Compensation Act) / Deputy Commissioner of Labour, Trichy.
2.The Record Keeper, VR Section,Madurai Bench of Madras High Court, Madurai.
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