National Insurance Co Ltd.,Dharmapuri v. Shanthi

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organized by the High Court Legal Services Committee Saturday, the 9th day of March, 2019 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable Mr.JUSTICE P.RAJAMANICKAM and Members:

Mr.P.Subburaj (Retd. Judge) Mrs.R.Rathnathara C.M.A.No.1139 of 2006 [Appeal against the Judgment and decree passed on 28.01.2005 in M.A.C.T.O.P.No.1447 of 2003 on the file of the Motor Accidents Claims Tribunal, (Subordinate Judge) at Krishnagiri] National Insurance Co. Ltd., Dharmapuri Branch Office, 88-F, Bye Pass Road, Dharmapuri-636701.

...Appellant Vs.

1.Shanthi

2. P. Senthilkumar (The 2nd respondent remained exparte in the lower court) ...Respondents Though this case is not listed today in the cause-list, it is taken up for settlement before the National Lok Adalat at the instance of the appellant. Mr.S. Arun Kumar, the learned counsel for the appellant is present. TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.65,000/- with interest at the rate of

9% per annum from the date of petition till the date of deposit and costs as compensation.

Challenging the quantum of compensation, the appellant/Insurance Company has preferred the present appeal.

2. After due deliberation and consultation, considering the facts and circumstances and also the award passed by the Tribunal, the appellant agreed to confirm the award amount passed by the Tribunal i.e., of Rs.65,000/- (Rupees Sixty Five Thousand Only). Accordingly, the award passed by the Tribunal is confirmed.

3. In view of the above, the appellant is directed to deposit the entire award amount after deducting the amount deposited, if any, within a period of four weeks from the date of receipt of copy of this award. On such deposit, the first respondent is entitled to withdraw the same with accrued interest thereon.

4. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, connected Miscellaneous Petition, if any, is closed. National Insurance Co. Ltd., Dharmapuri Branch Office, 88-F, Bye Pass Road, Dharmapuri-636701.

Counsel for the Appellant

This National 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:

1. The Motor Accidents Claims Tribunal,(Sub-Court) at Krishnagiri. 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. Gv

P.RAJAMANICKAM, J.

gv C.M.A.No.1139 of 2006 09.03.2019