Madras High CourtCMA/1516/2013settled before the lokadalats

The Divisional Manager v. S.Munusamy

2019-03-09Honourable Mr Justice R. Mahadevan2 pages

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.1516 of 2013 & M.P.No.1 of 2013 (Appeal against the award and decree passed on 12.04.2012 in M.C.O.P.No.247 of 2007 on the file of the Motor Accidents Claims Tribunal Principal Subordinate Judge, 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 Vs.

1. Thiru S.Munusamy

2. Mr. V.Jayakanthan ..Respondents Though this matter is not listed today, at the request of the learned counsel appearing for the appellant, 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. The learned counsel has also made an endorsement in the Court bundle today, 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so made by the learned counsel for the appellant / Insurance Company, the Civil Miscellaneous Appeal is dismissed as withdrawn.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.247 of 2007 on the file of the Motor Accidents Claims Tribunal, Principal Subordinate Court, Chengalpattu District, at Rs.19,000/- (Rupees nineteen thousand Only) with interest at the rate of 7.5% per annum from the date of filing of claim petition is confirmed.

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R.MAHADEVAN, J., srk

3. Hence, the appellant / Insurance Company is directed to deposit the said award amount together with accrued interest, less the amount already deposited, if any, within a period of four weeks from the date of receipt of a copy of this award. On such deposit being made, the first respondent / claimant is permitted to withdraw the same. The Award is passed accordingly. The Tribunal is directed to transfer the said amount to the Savings Bank Account of the claimant / appellant herein, on proper identification, through RTGS, in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is dismissed as withdrawn, as aforesaid. Consequently, the connected MP is also dismissed.

The Divisional Manager M/s.New India Assurance Co.Ltd.

Motor 3rd party claims Office, No.60, 70 Sheikpet Nadu Street, Kancheepuram 631 501 .. 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 Subordinate Judge, Chengalpattu District 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 C.M.A. No.1516 of 2013 & M.P.No.1 of 2013 http://www.judis.nic.in