Madras High CourtCMA/45/2021settled before the lokadalats

Reliance General Ins.Co.Ltd., v. Kanagadevi

2023-06-10Honourable Mr Justice P.B. Balaji4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 10th day of June, 2023 NATIONAL LOK ADALAT (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by THE HON'BLE MR.JUSTICE P.B.BALAJI and Members

1. Mr.Cibi Vishnu, Advocate

2. Mr.K.Balasubramaniyan District Judge (Retd.) C.M.A.No.45 of 2021 & C.M.P.No.343 of 2021 This Civil Miscellaneous Appeal is filed against the order made in M.C.O.P. No.246 of 2014 dated 25.04.2019 on the file of the Motor Accident Claims Tribunal, Court of Chief Judicial Magistrate, Vellore. Reliance General Insurance Company Ltd No.73, I Floor, Officers Line Vellore .. Appellant Vs.

1.Kanaga Devi 2.Murthi 3.R.Kasthuri 4.R.Sekar .. Respondents This case came up for settlement before the Lok Adalat. Both parties are present. M/s.C.Bhuvanasundari, the learned counsel for the appellant and Mr.T.Saravanan, learned counsel for the first respondent are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as 1/4

follows:

TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.14,88,500/- with interest at 7.5% per annum from the date of filing of the petition till the date of deposit with cost. Aggrieved by the award of the Tribunal, the appellant had preferred the present appeal.

2. It is submitted by the learned counsel for the appellants that a sum of Rs.21,50,000/- with interest has been deposited by them before the Tribunal.

2. After due deliberation and consultation, both the parties have agreed to settle the case for a sum of Rs.20,00,000/- (Rupees Twenty Lakhs only) in full quit.

3. The appellant shall deposit the award amount less the amount already deposited, if any, within a period of twelve weeks from the date of receipt of a copy of this order. On such deposit being made, the claimant / first respondent is permitted to withdraw the award amount, without insisting on a formal payment out petition. The balance amount with accrued interest shall be withdrawn by the Insurance Company. Award is modified accordingly.

4. The Tribunal is directed to transfer the amount through 2/4

RTGS/NEFT to the parties concerned on proper identification in accordance with the terms of the award, less the award amount if any, already deposited, as per the apportionment already made by the Tribunal. The Tribunal is directed to refund the surplus deposited money, if any, taking note of the compensation amount herein, to the Appellant Insurance Company. Consequently, the connected miscellaneous petition, if any, is closed.

5. This Civil Miscellaneous Appeal is disposed of accordingly. Reliance General Insurance Company Ltd No.73, I Floor, Officers Line Vellore Counsel for the Appellant Kanaga Devi Counsel for the first respondent This Lok Adalat award is passed in terms of the above settlement. The 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 3/4

Member Member P.B.BALAJI, J.

dhk/kj To The parties/Advocate concerned Copy to:

1.The Motor Accident Claims Tribunal, Court of Chief Judicial Magistrate, Vellore.

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 dhk/kj C.M.A.No.45 of 2021 10.06.2023 4/4