The Divisional Manager v. Thiru. K. Murugan

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 9th day of March, 2019 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE R.MAHADEVAN and Members Mr. N.Ramachandran Mr. N.Dhanasekaran C.M.A. No.1241 of 2013 and M.P.No.1 of 2013 (Appeal against the award and decree passed on 14-04-2012 in M.C.O.P.No.250 of 2007 on the file of the Motor Accidents Claims Tribunal (Principal Subordinate Judge) at Chengalpattu District.) The Divisional Manager M/s.New India Assurance Co.Ltd.

Motor 3rd Party Claims Office, No.60,70 Sheikpet Nadu Street, Kancheepuram-631 501.

.. Appellant/Respondent -II Vs.

1.K.Murugan ..Respondent-I/Petitioner 2.V.Jayakanthan .. Respondent-II/Respondent -I This case came up for settlement before the Lok Adalat. The learned counsel for the appellant, Mr.J.Chandran is present. TERMS OF SETTLEMENT The learned counsel for the appellant Insurance Company has submitted that he may be permitted to withdraw the appeal. He has also made an endorsement to that effect.

2.In view of the endorsement so made by the learned counsel for the appellant Insurance Company, the Civil Miscellaneous Appeal is dismissed as withdrawn. In view of the same, the award passed in M.C.O.P.No.250 of 2007 on the file of the Motor Accidents Claims Tribunal (Principal Subordinate Judge) at Chengalpattu District at Rs.10,000/- (Rupees Ten Thousand Only) with interest at the rate of 7.5% per annum from the date of filing of claim petition is confirmed.

3.It is seen that the appellant Insurance Company has deposited a sum of Rs.25,000/- for filing the appeal. Hence, the Tribunal is directed to transfer the compensation amount of Rs.10,000/- with interest at 7.5% p.a. from the date of petition to the claimant, on proper identification through RTGS in accordance with the terms of the award, without insisting on any formal permission petition. The appellant Insurance Company is permitted to withdraw the balance amount, if any. The Civil Miscellaneous Appeal is disposed of accordingly.

J.Chandran Counsel for the Appellant 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.Motor Accidents Claims Tribunal (Principal District and Sessions Court) at Chengalpattu.

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 KM

R.MAHADEVAN, J., KM C.M.A. No.1241 of 2013 and M.P.No.1 of 2013 09.03.2019