The Oriental Insurance Co Ltd v. Babu
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Monday, the 9th day of March 2020 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE S.MARIMUTHU (Retd.) and Member:
Mr.T.D.Vasu, Advocate CMA.No.2762 of 2011 and M.P.No.1 of 2011 Appeal against the Judgment and decree dated 27.04.2011 made in M.C.O.P.No.218 of 2008 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Dharmapuri. The Oriental Insurance Co. Ltd., Door No.3, 48, Church Street Bangalore - 560 001.
... Appellant Vs.
1.
Babu 2.
Arumugham Reddy ... Respondents This case has been listed today and came up for settlement before the Lok Adalat.
Mr.S.Balakrishnan, Manager and Mrs.N.Umamaheswari, Deputy Manager of the Oriental Insurance Company Ltd., are present.
The appeal in CMA.No.2762 of 2011 pending on the file of High Court, Madras and preferred against the award passed in MCOP.No. 218 of 2008 on the file of the Motor Accidents Claims Tribunal, Chief Judicial Magistrate Court, Dharmapuri, has been referred to Lok Adalat for conciliation today. After mutual discussion, negotiation, mediation and conciliation, appellant/Insurance Company arrived at a compromise to settle the matter as follows:
TERMS OF SETTLEMENT This is a case of Motor Accident causing injury to the first respondent herein. The Tribunal has awarded a sum of
Rs.1,80,300/- (Rupees One Lakh Eighty Thousand and Three Hundred only) as compensation along with interest at 7.5% per annum from the filing of claim petition till the date of deposit along with cost.
2. The officials of the Oriental Insurance Company Ltd., submit that out of the awarded amount, the appellant/Insurance Company has already deposited a sum of Rs.1,25,000/- (Rupees One Lakh and Twenty Five Thousand only) with interest and they would deposit the balance amount within a period of six weeks. On account of the above reasons, today they are withdrawing the appeal and to that effect, they have made endorsement in the Memorandum of Grounds to the following effect:- "Withdrawn as not pressed."
The Oriental Insurance Co. Ltd., Door No.3, 48, Church Street Bangalore - 560 001 LOK ADALAT AWARD
2. The endorsement made by Mr.S.Balakrishnan, Manager of the Oriental Insurance Company Ltd., in the Memorandum of Grounds is recorded.
3. Recording the submission and the endorsement made by Mr.S.Balakrishnan, Manager of the Oriental Insurance Company Ltd., the Civil Miscellaneous Appeal is dismissed as withdrawn.
4. 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.
5. Award is passed accordingly and the Civil Miscellaneous Appeal is dismissed as withdrawn. Consequently, connected Miscellaneous Petition is closed. No cost. Sd/- Judge Sd/- Member Sd/- Assistant Registrar(CS) //True Copy// Sub Assistant Registrar
To:
The parties/Advocate concerned Copy to:
1. The Chief Judicial Magistrate, Motor Accidents Claims Tribunal, 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.
CMA.No.2762 of 2011 and M.P.No.1 of 2011 A.SK(24.03.2021)