National Insurance Co Ltd v. S.Rajkumar

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th day of July, 2019 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE P.THANGAVEL (Retd.) and Members Mr. M.Sambasivam, Dist.Judge(Retd.) Mr. A.Kothandaraman C.M.A.No. 2438 of 2009 (Appeal against the Judgment and Decree passed on 29.12.2008 in M.C.O.P.No.4338 of 2002, on the file of the Motor Accidents Claims Tribunal (In the III Court of Small Causes) Chennai.) National Insurance Company Limited, 751, Anna Salai, Chennai - 600 002.

.. Appellant/2nd Respondent Vs.

1.S.Rajkumar .. 1st Respondent/Petitioner 2.Dr.Pon T.Muthu ..2ndRespondent/1stRespondent This case came up for settlement before the Lok Adalat. Appellant is present and Mr.D.Bhaskaran, learned counsel for appellant is also 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 appeal in M.C.O.P.No.4338 of 2002, pending on the file of the Motor Accidents Claims Tribunal (In the III Court of Small Causes) Chennai, has been referred to Lok Adalat for consideration today. 2.The appellant is the National Insurance Company Limited, assisted by Mr.D.Bhaskaran, learned counsel. The petitioner is the first respondent in

this appeal.

3.The Tribunal has awarded a sum of Rs.1,10,818/- in MCOP.No.4338 of 2002, on its file. In this appeal, the matter is settled for the awarded amount along with accrued interest there on for being paid to the claimant/appellant.

4.In view of the said settlement, the Civil Miscellaneous Appeal is disposed of. No order as to costs.

National Insurance Company Limited, 751, Anna Salai, Chennai - 600 002.

Counsel for the appellant S.Rajkumar Dr.Pon T.Muthu Counsel for the respondents 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 IIIrd Court Court of Small Causes, 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.

P.THANGAVEL, J.(Retd.) dua C.M.A.No. 2438 of 2009 13.07.2019