M/S.Royal Sundaram General Insurance Co Ltd v. K.Subramani

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee 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 Mr.JUSTICE B.GOKULDAS (Retd.) AND Members 1.Mr.V.Arumugam, District Judge (Retd.) 2.Mr.M.Jagan, Legal aid counsel C.M.A.No. 1230 of 2024 (Against the award and decree passed on 05.10.2023 made in M.C.O.P.No.49 of 2018 on the file of the Motor Accident Claims Tribunal, (Chief Judicial Magistrate Court) at Kancheepuram District @ Chengalpattu.

M/S. Royal SUndaram General Insurance Co.ltd., Vishranthi Melaram Towers, No.2/319, Rajiv Gandhi Salai (OMR), Karapakkam Chennai - 600 097.

... Appellant/second respondent Vs.

1.

K.Subramani S/o P.Kannan ...first Respondent/Claimant 2.

N.V.Subramanian S/o Natrajan .. Second respondent/first respondent This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant, Mr.E.Rajadurai and the learned counsel for the first respondent Mr.S.Udayakumar 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 Both the parties and their respective counsel are present.

2.The above appeal has been preferred by the Insurance Company, challenging the quantum of amount awarded by the Tribunal. 3.Parties have now arrived at a settlement, by which the Insurance Company is agreed to pay a sum of Rs.1,35,00,000/- (Rupees One crore and Thirty five lakhs only) in full quit to the first respondent/claimant, within a period of eight weeks from the date of receipt of a copy of this order. 4.The Insurance Company shall deposit a sum of Rs.1,35,00,000/-, less the amount already deposited before the Tribunal, if any, within a period of eight weeks from the date of receipt of a copy of this order, failing which the Insurance Company agreed to pay interest at the rate of 7.5% per annum. On such deposit, the first respondent/claimant shall be entitled to withdraw the entire award amount.

5.The Tribunal is directed to follow the usual mode of payment on proper identification of the parties, concerned, in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. M/S. Royal SUndaram General Insurance Co.ltd., Vishranthi Melaram Towers, No.2/319, Rajiv Gandhi Salai (OMR), Keelkattalai, Tambaram, Kanchipuram District.

Counsel for the Appellant 1.

K.Subramani S/o P.Kannan Counsel for the first Respondent This National 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 Accident Claims Tribunal, (Chief Judicial Magistrate Court) at Kancheepuram District @ Chengalpattu. 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

B.GOKULDAS.,J.

sai/vca C.M.A.No. 1230 of 2024 14.09.2024