The Oriental Insurance Co Ltd., Bangalore v. Settu

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th September 2019 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE G.K.ILANTHIRAIYAN and Members Mr.P.Subburaj, District Judge (retd.) Dr.M.Devendran C.M.A.NO. 1512 OF 2007 and M.P.No.2 of 2007 (Appeal against the judgment and decree passed on 05.04.2006 made in MCOP.No.1370 of 2003 on the file of the Motor Accident claims Tribunal, Sub Court, Krishnagiri).

The Oriental Insurance Co. Ltd CB O.I. LML Building 221 Cubbonpet Main Road Bangalore -2.

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Appellant /versus/ 1Settu 2.Shuba 3.Paul Pandian 4.The New India Assurance Co. Ltd SNV Chambers III Floor, Gandhi Puram, Coimbatore.

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Respondents (R2 & R3 were set exparte before the Tribunal) This case is taken up for settlement before this Lok Adalat. The appellant is represented by Mr.S.Arun Kumar, learned counsel, who is present today.

JUDGMENT

This appeal is preferred by the appellant insurance company as against the award dated 05.04.2006 passed by the Motor Accident claims Tribunal, Sub Court, Krishnagiri in MCOP.No.1370 of 2003.

2.The learned counsel for the appellant submitted that the appellant insurance company agreed to satisfy the award passed by the Tribunal. In view

of the same, the award of the Tribunal at Rs.2,75,000/- (Rupees Two Lakhs and Seventy Five Thousand Only) with interest at the rate of 9% per annum from the date of filing of claim petition, is hereby confirmed. 3.Hence, the appellant insurance company is directed to deposit the entire award amount with interest and costs, after deducting the amount if any already deposited, within a period of six weeks from the date of receipt of a copy of this judgement. On such deposit being made, the Tribunal is directed to transfer the same to the first respondent/claimant, on proper identification through RTGS in accordance with the terms of the award, without insisting on any formal permission petition.

4.Accordingly, the Civil Miscellaneous Appeal is disposed of. Consequently, connected Miscellaneous Petition is closed.

The Oriental Insurance Co. Ltd CB O.I. LML Building 221 Cubbonpet Main Road Bangalore -2.

Counsel for the Appellant 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:

1.The Motor Accidents Claims Tribunal, Sub Court, 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.+2 copies

G.K.ILANTHIRAIYAN, J.

rk C.M.A.NO.1512 OF 2007 Dated : 14.09.2019