R.Murugaiyan v. The United India Insurance

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 9th day of March 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 S. VAIDYANATHAN and Members: Mrs.S.Jayakumari Mr.P.Rosaiah C.M.A.No.2787 of 2011 and C.M.P.No.2 of 2009 Appeal against the award and decree passed on 31.03.2003 in M.C.O.P.No.359 of 2001 on the file of the Motor Accidents Claims Tribunal, Principal Sub Court, Villupuram. R.Murugaiyan .. Appellant Vs.

1.United India Insurance Company Limited, Kallakurichi.

2.V.Muthusamy

...Respondents

This case came up for settlement before the National Lok Adalat. Mr.C.Santhosh kumar, learned counsel for the Appellant is present. Mr.S.Udayakumar, learned counsel for the Respondents are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

TERMS OF SETTLEMENT This is a case of injury. The Tribunal has dismissed the claim made by the claimant/injured. Challenging the award dated 31.03.2003 passed by the Principal Sub Court, Villupuram, in M.C.O.P.No.359 of 2001 the present appeal has been filed by the claimant.

2. After negotiation, the award of the Tribunal is modified as follows: (i) The Insurance Company has agreed to pay a sum of Rs.85,000/- (Rupees Eighty Five Thousand only) to the claimant/injured as full quit and the injured has agreed to receive the same.

(ii) The Insurance Company is directed to deposit the amount of Rs.85,000/- https://www.mhc.tn.gov.in/judis

S.VAIDYANATHAN,J.

rna within a period of two weeks from the date of receipt of a copy of this award and on such deposit the claimant/injured is entitled to withdraw the amount. (iii) The Trial Court shall follow the procedures contemplated in the order dated 11.03.2016 passed by a Division Bench of this Court in C.M.A.No.428 of 2016, scrupulously.

The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, connected Miscellaneous Petition is also closed. R.Murugaiyan .. Counsel for the Appellant 1.United India Insurance Company Limited, Kallakurichi.

2.V.Muthusamy ... Counsel for the Respondents This Lok Adalat award is passed in terms of the above settlement. The Court fee paid shall be refunded to the parties in the manner provided under 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 Sub Court, Villupuram. 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 C.M.A. No.2787 of 2011 https://www.mhc.tn.gov.in/judis