M/S Bajaj Allianz General v. J.Selvamani

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI NATIONAL LOKADALAT organised by the High Court Legal Services Committee Saturday, the 13th day of July, 2019 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE J.A.K.SAMPATH KUMAR (Retd.) and Members Mr.Thanikasalam, District Judge (Retd.,) Mr.B.Radha Krishnan Advocate C.M.A. No.1857 of 2011 (Appeal against the judgment and decree passed on 09.03.2010 in M.C.O.P.No.4009 of 2003 on the file of the Motor Accidents Claims Tribunal, Additional District Court, Fast Track Court No.1, Chennai. M/s.Bajaj Allianz General Insurance Co.Ltd., No.25 & 26, College Road, Nungambakkam, Chennai - 600 006 .... Appellant Vs.

1.J.Selvamani 2.J.Insiya 3.S.Ganapathy 4.E.Loganathan .... Respondents (4th respondent exparte, in Lower Court and hence notice may be dispensed with) On representation of the learned counsel for appellant, this case is taken up for settlement before the Lok Adalat. The learned counsel for the appellant, Mr.S.Manohar is present.

TERMS OF SETTLEMENT The Civil Miscellaneous Appeal in C.M.A.No.1857 of 2011 pending on the file of High Court, Madras has been referred to Lok Adalat for conciliation

today. The appellant and his learned counsel are present before Lok Adalat today.

2. The Tribunal has awarded a sum of Rs.5,32,000/- with interest 7.5% per annum from the date of petition till the date of deposit and costs as compensation.

3. Now, the appellant/Insurance Company has made an endorsement stating that they will not present the appeal and the same is dismissed as withdrawn.

4. In view of the above endorsement, the appeal stands dismissed as withdrawn since it is already settled between the parties. No order as to costs. Award is passed accordingly.

The full Court fee shall be refunded to the plaintiff 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 and there shall be no demand for additional Court fee.

M/s.Bajaj Allianz General Insurance Co.Ltd., No.25 & 26, College Road, Nungambakkam, Chennai - 600 006 Counsel for the appellant

1.J.Selvamani 2.J.Insiya 3.S.Ganapathy 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.Motor Accidents Claims Tribunal, Additional District Court, Fast Track Court No.1, 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.+2 copies pns

J.A.K.SAMPATH KUMAR.J., Pns C.M.A. No.1857 of 2011 13.07.2019