M/S The Oriental v. R. Srinivasan

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.2727 OF 2005 and C.M.P.No.14127 of 2005 (Appeal against the judgment and decree passed on 20.09.2004 made in MCOP.No.4377 of 2000 on the file of the Motor Accidents Claims Tribunal, V Small Causes Court, Chennai.

M/s.The Oriental Insurance Co Ltd., No.8, Esplanade, Chennai - 600 108 ..

Appellant /versus/ 1.R.Srinivasan 2.M/s.Common India Limited, Chennai Fly Over, Package-1, Chennai-28 ..

Respondents This case came up for settlement before the National Lok Adalat. The Appellant is represented by Mr.Arunkumar, learned counsel, who is present today.

JUDGMENT

This appeal is preferred by the appellant insurance company as against the award dated 20.09.2004 passed by the Motor Accidents Claims Tribunal, V Small Causes Court, Chennai in MCOP.No.4377 of 2000.

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.32,500/- (Rupees Thirty Two Thousand and Five Hundred only) with interest at the rate of 9% per annum from the date of filing of claim petition, is hereby confirmed. http://www.judis.nic.in

G.K.ILANTHIRAIYAN, J.

lok

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. M/s.The Oriental Insurance Co Ltd., No.8, Esplanade, Chennai - 600 108 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, V Small Causes Court, Chennai. 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 C.M.A.NO.2727 OF 2005 and C.M.P.No.14127 of 2005 14.09.2019 http://www.judis.nic.in