Future Generali India Insurance Company Ltd, v. Ponnusamy

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of October 2023.

LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE B.GOKULDAS (Retd.) and Members Mr.S.Baskaran District Judge (Retd.) Mrs.S.Sridevi Advocate C.M.A. No.541 of 2023 Appeal against the award and decree passed on 16.07.2019 in M.C.O.P.No.690 of 2016 on the file of the Motor Accidents Claims Tribunal, Principal District Judge, Perambalur.

Future General India Insurance Company Limited, 2nd Floor, North East Extension, No.D-73, 7th Cross, Thillai Nagar, Tiruchirappalli - 620 018.

..

Appellant Vs.

1. Ponnusamy

2. Ellammal

3. The Chairman, Raj Vidya Bhavan Matriculation School, Thuraiyur Post, Tiruchirappalli.

...Respondents

This case came up for settlement before the National Lok Adalat. Mr.E.Rajadurai, learned counsel for the Appellant and Mr.V. Vadivlagia Nambi for Mr. T. Gobinath, learned counsel for the respondents 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 total sum of Rs.7,51,291/- to be payable by the appellant and interest at the rate of 7.5% per annum as compensation to the claimants. Challenging the award amount, the Transport Corporation has preferred the above appeal.

2. After negotiation, the award of the Tribunal is modified as follows: (i) The parties have agreed for a sum of Rs.9,50,000/- (Rupees Nine Lakhs Fifty Thousand only) as full quit and the appellant has already deposited Rs.25,000/- and the Respondents/claimants have agreed to receive the balance amount.

(ii) Respondents/Claimants are entitled to withdraw the award amount of Rs.9,25,000/- (as full quit).

(iii) Respondents/Claimants are entitled to withdraw the above said Award amount (as full quit), as equal share.

(iv) If the Transport Corporation it is directed to deposit the entire award amount within a period of four (4) weeks from the date of receipt of a copy of this order.

The Civil Miscellaneous Appeal is disposed of accordingly. Future General India Insurance Company Limited, 2nd Floor, North East Extension, No.D-73, 7th Cross, Thillai Nagar, Tiruchirappalli - 620 018.

.. Counsel for the Appellant

1. Ponnusamy

2. Ellammal

3. The Chairman, Raj Vidya Bhavan Matriculation School, Thuraiyur Post, Tiruchirappalli.

...

Counsel for the Respondents This Lok Adalat award is passed in terms of the above settlement.

The Court fee paid shall be refunded to the parties in the manner provided under 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, Principal District Judge, Perambalur 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

B.GOKULDAS.J, (Retd.) mjs C.M.A. No.541 of 2023

14.10.2023