UNITED INDIA INSURANCE CO LTD Vs. MOHAMMED

JUDGEMENT

(1.) THIS appeal by the Insurance Company is filed against the award in WCA CR 24/nf/94 dated 20. 2. 95 passed by the Commissioner for Workmen's Compensation.

(2.) THE first respondent has filed an application claiming the compensation of Rs. 2,00,000/- as he met with an accident on 29. 9. 93. He was working as Driver under the employment of second respondent.

(3.) THE Learned Counsel for the Appellant submitted that the case was referred before the Lok adalath and the parties had agreed for the compensation of Rs. 80,664 and compromise application was filed under Order 23 Rule 3 of CPC before the Commissioner. But the commissioner has not passed the award in terms of the compromise arrived at before Lok adalath and he has awarded Rs. 1,00,830/ -. The Learned Counsel for the Appellant submits that when there is already an award made by Lok Adalath, it was not open for the Commissioner to go in with the proceedings and pass award. On the otherhand, Mr. Manohar, Learned Counsel for Rule 1, submitted that in view of Section 17 of the Workmen Compensation Act, 1923, the award passed by the Commissioner is correct.