The High Court · 2025

1. 9. Chinna , Mallesham, S/o. G. yakob, aged about 1g years, Occ: Ex.Cleaneer R/o. H.No. 15-15-2612, Mbla-kpet, Hyderaliad.--' --- 2. ,s.ri s, Anjneyulu, s/o. sri Ramalingam R/o. pregnapur vittage, Gajwel Mandal, Medak District. R1 is Dismissed for default vide Court Order dt2-12-2011 '..Respondents Applicant 1 oP-1 Petition under Section 151 of CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased stay the orders passed in WC No.75l2008 dated Og.Ol.20Og on the file of learned Commissioner fof Workmen's Compensation and Asst. Commissioner of Labour-lv, T.Anjaiah Karmika samksherna Bhavan, RTC cross Roads, at Hyderabad. Petition under Section 151 CPC praying that in the circumstances.stated ,r in the affida'vit filed in support of the petition, the High Court may be pleased to record the compromise settlement reached between the appellant and the respondent 1{o.1 herein in the above CMASR.No.114O7l2OOg. Counsel for the Appellant: Ms. N.MAHESWARI Counselfor the Respondents: SRtC BUCHI REDDY The Court merde the following: JUDGMENT a,i 6 : I I I i i t : I J i I i II THE HON'BLE SHRI JUSTICE AI{IL KI'MAR JTIKAITTI JUDGMENT: This civil Miscellaneous Appea1 is liled aggrievbd by the order dated 09.0 t.2oo9 passed in w.c.N o.TS of 20og on the file of the commissioner flor workmen,s compensation and Assistant commissioner of Labour-IV : T.Afljaiah,Karmika Sankshema Bhavanam : RTC cross iR.oads, Hydeqabad (for shortthe Commissioner'). .l

2. Heard Ms. N.Maheswari, learned Amicus for and Mr. c.Buchi Reddv. rearned counsel for responderlts. appellqn t

3. on 21.o2-2o2s, .one appeared, matter was pos[ed under caption 'for dismissal'. on 27.o3.2o2s, matter was agdin posted under the same caption and on 2g.o3.2o2s, matter Yyas risted once again under the same caption as therer ,o"" no appearance. on 27.06-2025, this court appointed. as hmicus 1a young budding lawyer) for appellant to assist the Court. cMA.Mp .No.2221 of 20r2 is pending on the IiIe of this couft, & -__. 2 o compromise settlement reached' between applicant and Insurance company, this court with a view to encourage the young budding lawyers, has granted an opportunity to Ms.N.Me*reswari,Amicustopresentsubmissionsonbehalfof appellarrt. I,earned counsel appointed as Amicus has a starrding of three rnonths at the Bar'

4. Iearned Amicus submitted that it is an unfortunate case oftheapplicarrtwhometwithanaccidenton2|.o4.2oo8.That applicanl: was working as a cleaner on lorry bearing No'AHK 6098 urtder t]1e employment of Opposite Party No'l' It is submitted that when the vehicle was proceeding to Vimal feed compan,' (at Majidpur cross roads) with a load of Maize' met with an accident when the driver o[ the said lorry dashed against a stationary lorry' That the applicant sustained crush injury to left foot and was shifted to osmania General Hospital' Thattherehisleftlegbelorr'knce\\,aSamputatedon

23.o4.2c|os.ItisfurthersubmittedthataCrimeNo.goof20o8 wasregisteredatthePoliceStationofshamirpetandthatthere -time of accident' It is also was a'ualid insurance "tj!" 6 3 submitted that the applicant claimed a compensation of Rs.S,o0,ooo/-. That the commissioner after considEring the evidence on record granted a compensation of Rs.4rl9,g5s/- with interest @12% per annum. It is submitted that the compensation amount awarded is proper as the injured was aged 19 years and had lost his left leg below knee and that he would be unable to discharge his functions with full capacity.

5. Learned counsel fior respond.ents submitted that cMA be closed as the petition for compromise is on record..

6. c.M-A.M-p.No.222 r of 2oL2 is fired in this cburt, the injured is ready to receive a compensation of Rs.3,oo,o0o/-, terms of the compromise annexed with c.M.A.M.p.Nq.2221 of 2Ol2 are as follows: t. [t is submitted that the respondent No.1 here in liled W.C No. 75 o[ 20OB on the file of The Commissiorr.. f.L Workmen Compcnsation And Assistant Commissionei Of Labour -lV Hyderabad claiming compensation of --,fr. Rs.5,00,000/- foi the injuries Iustainej respondent/cla-rmant in a road accident. The Tribunal below granted Rs.4,2 t,LgS/- together advocate fee as compensation arra held ttrat de "rra Appellant ancl Respondent No. 2 herein are jointly ail severally liable to pay compensation. 2. It is submirted that Commissioner For by the award of Ur - "oqt" - d ? i I 4 n "r.,u*itt"a lr,ssistant commissioner of Labour -IV at Hyderabad the erppellant preferred the above appeal' that mean while the Appellant and ii. it i" iJ""p".a""i No.t herein have arrived at compromise and settie the matter amicably as stated here under' tl. It is submitted that the respondent No'l herein ,#.La-to receive the compensatiorr of Rs"3'00'OOO/- iil;;; laktr only) out of total awarded compensation of ]i".+,Zf,LgSl- and agr""d to fore go and give up the ]:alance amount of Rs. L,2l,l95l - ' 5. It is submitted that the respondent No' l herein is :ntitledtowithdrawthesaidagreedamount.of n".i,OO,OOOl- (Rupees Three lakhs only) along with irrt.r"st'accrrred ther" on and the appellant Insurance 6;;p;y is also entitled to with draw the amount of n".i,Zf,ig5/- (Rupees one lakh twentv one thousand five only) along with accrued it t"t""i out of the am6unts deposited to the credit of "ta'orr"'hundred'ninty W.C.No.ZS of 2008 on the frle of The Commissioner For Workrrren Compensation and Assistant Commissioner Of Labour-IV, HYderabad' 6. It is further submitted that the Respondent N9' i herein shall not proceed against the Appeltant and the i.""po"a""t No.i herein Ior the ba-lance amount of -d".i,zi,igS/- since the matter was settlr:d as flull and final settlement between the Appcllant etncl the ResPondent No' t herein'"

7. [n view of the joint compromise memo (annexed with CMA.MI,.No.2221of2012inCMANo.555of2014)filed,the salnebeingattested.bythepartiestoC.M.A.arrdalsobytheir counsels, the matter is closed as settlement is reached in terms of comp,romise memo. Deputy Manager (legal) of ICICI Lombard General Insr-rance Company Limited and Respondent No' 1 (G.Mallr:sham) have attested' the joint compromise memo' their r) 5 counsels too have attested. In view of the joint compromise memo, the civil Miscellaneous Appeal is liable to be closed.

8. If the amount as recorded in the compromise is not received by the injured, the injured is at liberty to file an appropriate application. This court appreciates the efforts of

9. For the reasons aforesaid, civil Miscellaneous Appeal is closefl; No order as to costs. ,''; Miscef nfous applications pending, if any, shdlr stand. closed. StY. V.KAVITHA DEPUTY REGISTRAR 6 ,/ ,/TRUE COPY// sEcTtoN oFFICER

1. The commissioner for workmen's compensation and Assistant .Labour-rv, T.Anja iah Karmika slmtstrema Bhavana;;'H?i commissioner of Cross Roads at Hyderabad.

2. One CC to Ms._N.Maheswari, Advocate {OpUCl 3. One CC to Sri C Buchi Reddy, Advocate[Opui] 4. Two CD Copies / To, ABK/?SL f{ tNE SIa l'r- 3 ztlAll 2026 * * t I HIGH COURT DATED:1On7nO26 JUDGMENT CMA.No.555 o12014 CLOSING THE CMA .{f"t G Y,&