Madras High CourtCMA/776/2007settled before the lokadalats

Priya, Aged 26 Yrs v. M/S. National Insurance Co., Ltd., Chennai

2019-02-05Honourable Mr Justice K.Swamidurai(Retd)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Tuesday, the 5th day of February, 2019 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE K.SWAMIDURAI (Retd.) and Members 1.Mr.K.Govindan 2.Mrs.P.Kavitha Balakrishnan C.M.A.No.776 of 2007 Appeal against the judgment and decree passed on 09.11.2006 made in M.C.O.P.No.75 of 2005 on the file of Additional District and Sessions Judge (Fast Track Court), Vellore. Priya .. Appellant Vs.

1.Mahadeva 2.The Divisional Manager, M/s.National Insurance Company Limited, 57, Thiru-vi-ka Industrial Estate, Guindy, Chennai - 32.

3.Karthikeyan 4.M/s.United India Insurance Company Limited, Rep. by its Divisional Manager, Salem.

(1st and 3rd Respondents set ex-parte before the Tribunal) .. Respondents This case has been listed today and came up for settlement before the Lok Adalat. Learned counsel for the appellant Mrs.R.T.Sundari for Mr.M.P.Jayaprakash and the learned counsel for the Respondent Mr.J.Chandran and Mr.R.Premchander Manager, National Insurance Company Limited, Chennai are 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.3,89,296/- (Rupees Three Lakhs Eighty Nine Thousand Two Hundred and Ninety Six only) with interest at 7.5% per annum from the date of petition till the date of deposit. It is represented by the second respondent / National Insurance Company Limited, that the award amount has already been deposited before the Tribunal and the same has been withdrawn by the claimant / appellant.

2. Not satisfied with the award of the Tribunal, the claimant / appellant has preferred the present appeal for enhancement. Now, both the parties have agreed to a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) in full quit as additional compensation.

3. The second respondent / National Insurance Company Limited is directed to deposit the additional award amount within a period of six weeks from the date of receipt of a copy of this Order.

4. . On such deposit, the appellant / claimant is permitted to withdraw the additional award amount without filing any formal petition before the Tribunal. The Award is passed accordingly.

5. The Tribunal is directed to issue the amount through cheque / RTGS 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.

Sd/- sd/- Priya .. Counsel for the Appellant

sd/- The Divisional Manager, M/s.National Insurance Company Limited, 57, Thiru-vi-ka Industrial Estate, sd/- Guindy, Chennai - 32.

.. 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 CourtFees 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.

sd/- Judge sd/- sd/- Member Member Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar To:The parties/Advocate concerned Copy to:

1.The Additional District and Sessions Judge (Fast Track Court), Vellore.

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. C.M.A.No.776 of 2007 A.SK(06/02/2019)