United India Insurance Co Ltd v. D.Ramachandiran

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 9th day of March 2024 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE G.ARUL MURUGAN and Members Mr. K.Ramakrishnan, District Judge (Retd.) Mr. C.Venkatesan Advocate C.M.A.No.2089 of 2023 (Appeal against the award and decree in M.C.O.P.No.1429 of 2016, dated 12.04.2022 on the file of the Motor Accidents Claims Tribunal, Special Sub Judge, Cuddalore.

M/s.United India Insurance Co.Ltd., SBI Complex, Nethaji Road, Manjakuppam, Cuddalore -607 001 Now at M/s.United India Insurance Co.Ltd., Motor Third Party Service Hub, A.R.Plaza, NO.35, 36& 37, 45 Feet Road, Balaji Nagar Extn, Saram, Puducherry-605 011 .. Appellant Vs.

1.D.Ramachadiran 2.S.Ramesh .. Respondents On representation of the counsel for both sides, this case is taken up for settlement before the Lok Adalat. Both the parties are present. Mr.P.Sankaranarayanan, learned counsel for the appellant and Mrs.Ramya V. Rao, learned counsel for the 1st respondent present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.12,29,673/- with interest at 7.5% per annum from the date of petition till the date of deposit.

2. Challenging the award, the appellant/2nd respondent has preferred the present appeal. Now, both the parties have agreed for a settlement in a sum of Rs.9,00,000/- (Rupees Nine Lakhs Only) with interest at 7.5% from the date of deposit till the date of realization.

3. The Appellant/United India Insurance Co.Ltd., is directed to deposit the entire amount now arrived at, within a period of eight weeks from the date of receipt of a copy of this order, less the amount already deposited, if any.

4. On such deposit being made, the 1st respondent/claimant is permitted to withdraw the entire amount without filing any formal petition. The Award is passed accordingly.

5.The Tribunal is directed to transfer the amount through RTGS/NEFT to to the parties concerned on proper identification in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly.

M/s.United India Insurance Co.Ltd., Motor Third Party Service Hub, A.R.Plaza, NO.35, 36& 37, 45 Feet Road, Balaji Nagar Extn, Saram, Puducherry-605 011 Counsel for the appellant 1.D.Ramachadiran 2.S.Ramesh Counsel for the respondent This Lok Adalat award is passed in terms of the above settlement. The full Court fee paid shall be refunded to the appellant in the manner provided under Section 69-A of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955 and the Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994.

Judge Member Member To:The parties/Advocate concerned Copy to:

1Motor Accidents Claims Tribunal, Special Sub Judge, Cuddalore. 2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R.Section, High Court, Madras. 4.The Section Officer, Lok Adalat Section, High Court,Madras.+2 copies

G.ARUL MURUGAN Dn/Sma C.M.A.No.2089 of 2023 09.03.2024