United India Ins. Co.Ltd, v. Sathiya

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th December 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 G.K. ILANTHIRAIYAN and Members Mr.A.Manivasakan, District Judge (retd) Mrs.Sudharshana Sunder C.M.A.No.205 of 2012 and M.P.No.1 of 2012 (Appeal against the judgment and decree passed on 20.06.2011 made in MCOP.No.742 of 2009 on the file of the Motor Accidents Claims Tribunal, Principal District Judge, Dharmapuri).

United India Insurance Co. Ltd Branch Officer, Dharmapuri Taluk & town.

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Appellant /versus/ 1.Sathya 2.Minor Tamilnilavan 3.Minor Arivusundar 4.Chinnasamy Minors are rep.by next friend and guardian mother Sathiya 5.P.Raman ..

Respondents (R5 was set exparte before the Tribunal) This case is taken up for settlement before this Lok Adalat. The appellant along with their learned counsel Mr.K.S.Narasimhan is present.

JUDGMENT

This appeal is preferred by the appellant insurance company as against the award dated 20.06.2011 passed by the Motor Accidents Claims Tribunal, Principal District Judge, Dharmapuri, in MCOP.No.742 of 2009. 2.The learned counsel for the appellant submitted that the appellant insurance company agreed to satisfy the award passed by the Tribunal. In view of the same, the award of the Tribunal at Rs.6,06,000/- with interest at the rate of 7.5% per annum from the date of filing of claim petition, with a right to recover the same from the fifth respondent/owner of the vehicle, is hereby confirmed.

3.Hence, the appellant insurance company is directed to deposit the entire award amount with interest and costs, after deducting the amount if any already deposited, within a period of six weeks from the date of receipt of a copy of this judgement. On such deposit being made, the Tribunal shall transfer the same to the respective bank accounts of the respondents 1 and 4/claimants, on proper identification through RTGS in accordance with the terms of the award, without insisting on any formal permission petition. In respect of minor respondents, the Tribunal shall invest the same in a nationalised bank in a fixed deposit scheme, till they attain majority and the interest accrued thereon shall be permitted to be withdrawn by the first respondent/mother once in three months, directly from the bank, on due intimation to the Tribunal.

4.Accordingly, the Civil Miscellaneous Appeal is disposed of. Consequently, connected civil miscellaneous petition is closed. United India Insurance Co. Ltd Branch Officer, Dharmapuri Taluk & town.

Counsel for the Appellant 1.Sathya 2.Minor Tamilnilavan 3.Minor Arivusundar 4.Chinnasamy Minors are rep.by next friend and guardian mother Sathiya 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 Motor Accidents Claims Tribunal, Principal District Judge, Dharmapuri. 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

G.K.ILANTHIRAIYAN, J.

rk C.M.A.No.205 of 2012 14.12.2019