The Chief Manager, The Oriental Insurance Company Ltd v. B. Bharathiraja
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Saturday, the 14th day of September, 2024 NATIONAL LOK ADALAT Award (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Dr. JUSTICE S.VIMALA (Retd.) AND MEMBERS :
Mr.N.Balasubramanian, District Judge, (Retd.) Ms.K.M.Valsala Kumari, (Advocate) (Appeal against the judgement and decree, dated 20.10.2023 passed in M.C.O.P. No.1168 of 2014 passed by the Motor Accidents Claims Tribunal, (Special District Court No. 1, Cuddalore) The Chief Manager The Oriental Insurance Company Ltd.
Third Party Claims Hub, New No. 216, Old No. 115, Prakasam Salai, Broadway, Chennai - 600 108.
... Appellant Vs 1.B. Bharathiraja
2. G.Yadgiri Reddy ... Respondents This case came up for settlement before the Lok Adalat. Both parties present. Mr.D.Bhaskaran, learned counsel for the appellant and Mrs. Ramya V. Rao, learned counsel for the respondents are present. 1/4
After mutual discussion and negotiation between both parties they arrived at a compromise to settle the matter as follows : TERMS OF SETTLEMENT (i) As against the Award passed by the Claims Tribunal for a sum of Rs.9,23,000/-, this appeal is preferred by the Insurance Company. (ii) As against the Award amount of Rs.9,23,000/- with interest of 7.5% p.a, the parties have agreed to settle for a sum of Rs.6,23,000/- with proportionate interest and cost and the division of the Award amount of compensation shall be as per the directions given by the Claims Tribunal; (iii) The appellant/Insurance Company agreed to deposit the entire Award amount of Rs.6,23,000/-, less than the amount already deposited, with proportionate interest and cost to the credit of M.C.O.P. within a period of one month from the date of receipt of a copy of this order; (iv) Upon such deposit, the respondents/claimants are entitled to withdraw the entire sum without any formal application and only upon verification of the identity.
The Chief Manager The Oriental Insurance Company Ltd.
Counsel for Appellant 2/4
1.B. Bharathiraja
2. G.Yadgiri Reddy Counsel for 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 71-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 2 r/w 25 of LSA Act 1987 as amended in 1994. Judge Member Member To: The parties/Advocate concerned Copy to:
1.The Motor Accidents Claims Tribunal, Special District Court No. 1, Cuddalore.
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 gya/nsl Dr. JUSTICE S.VIMALA 3/4
gya/nsl 14.09.2024 4/4