Divisional Manager, National Insurance Co., Ltd., Salem v. Palanisamy And 2 Others

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Friday,the 2nd 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 K.SWAMIDURAI (Retd.) and Member Mr. A. Thanigachalam CMA.No.824 of 2010 and M.P. No.1 of 2010 Appeal against the Judgment and decree dated 01.08.2006 made in M.C.O.P.No.224 of 2003 on the file of the Motor Accident Claims Tribunal (Sub-Court), Krishnagiri.

Divisional Manager, Divisional Office- 2, National Insurance Company Ltd., Ramakrishna Road, Balaji Tower, Salem - 636 007. ... Appellant/3rd Respondent Vs.

1.Palanisamy, ...1st Respondent/Petitioner 2.Managing Director, State Express Transport Corporation, Chennai. ...2nd Respondent/1st Respondent

3. S. Santhi (Ex-parte) ...3rd Respondent/2nd Respondent This case has been listed today and came up for settlement before the Lok Adalat. Learned counsel for the Appellant Mr.D. Bhaskaran and the learned counsel for the Respondents Mr.V. Kumaravelan, Mr. Premchander, Manager, National Insurance Company, 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.3,70,000/- (Rupees Three Lakhs Seventy Thousand only) with interest at 7.5% per annum from the date of petition till the date of deposit.

2. The appellant/Insurance Company has preferred the present appeal against the award amount. Now, both the parties have agreed to a sum of Rs.3,20,000/- (Rupees Three Lakhs Twenty Thousand only), with interest @7.5% from the date of petition till the date of deposit.

3. The appellant/Insurance Company is directed to deposit the aforesaid amount with interest @7.5%, after deducting the amount if already deposited, within a period of eight weeks from the date of receipt of a copy of this order.

4. On such deposit, the respondent is permitted to withdraw the above modified 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, and the connected miscellaneous petiiton is closed.

Sd/- Divisional Manager, Divisional Office- 2, National Insurance Company Ltd., Ramakrishna Road, Balaji Tower, Sd/- Salem - 636 007.

Counsel for the Appellant Sd/- Palanisamy, 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 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.

Sd/- Judge Sd/- Member Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ibm To:

The parties/Advocate concerned Copy to:

1. The Motor Accident Claims Tribunal, (Sub-Court), Krishnagiri

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 CMA.No.824 of 2010 and M.P. No.1 of 2010 SVI(CO) CB(11/10/2019)