M/S National Insurance v. Tmt Suganthi

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th day of July, 2019 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE R.SUBRAMANIAN and Members Mr.A.Manivasakan, District Judge(Retd.,) Mr.Tranquebar Dorai Vasu C.M.A.No.3036 of 2011 (This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1989, to set aside the decree and judgment passed in MCOP.NO.158 of 2005 dated 12.03.2008 (Principal Subordinate Jude) Cuddalore.) National Insurance Co. Ltd., Division Office, No.165, Nethaji Road, ... Appellant Vs.

1.Suganthi 2.A.Vaithilingam 3.New India Assurance Co. Ltd., No.1, Bharathi Road, 4.Sundaran ..Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. Mr.J.Chandran, learned counsel appearing for the appellant and Mr.S.Manohar, learned counsel appearing for the 3rd respondent.

TERMS OF SETTLEMENT This Civil Miscellaneous Appeal has been filed Section 173 of the Motor Vehicles Act, 1989, to set aside the decree and judgment passed in MCOP.NO.158 of 2005 dated 12.03.2008 (Principal Subordinate Jude) Cuddalore.

2. This appeals has been filed by the National Insurance Company mainly questioning the negligence and quantum. Considering the fact that the accident took place in the year 2005, during deliberation, it is agreed that the appeal is settled at Rs.10,000/-.

3. The appellant/ Insurance Company agrees to deposit the award amount within a period of four weeks from the date of receipt of a copy of the order, if not already deposited. On such deposit, the claimant is permitted to withdraw the entire compensation.

4. The Civil Miscellaneous Appeal is dismissed as settled. Connected Miscellaneous petition is closed, if any. Judge Member Member National Insurance Co. Ltd., Division Office, No.165, Nethaji Road, Counsel for the Appellant

New India Assurance Co. Ltd., No.1, Bharathi Road, Counsel for the respondent To:The parties/Advocate concerned Copy to:

1. The Motor Accidents Claims Tribunal, Principal Subordinate Court, Cuddalore 2.National Insurance Co. Ltd., Division Office, No.165, Nethaji Road, 3.New India Assurance Co. Ltd., No.1, Bharathi Road, Cuddalore. 4.The Secretary, High Court Legal Services Committee, Chennai. 5.The Section Officer, V.R.Section, High Court, Madras. 6.The Section Officer, Lok Adalat Section, High Court, Madras. +2 copies dsa/jv

R.SUBRAMANIAN, J.

dsa/jv C.M.A.No.3036 of 2011 13.07.2019