Madras High CourtCMA/124/2014settled before the lokadalats

The Divisional Manager v. Thiru Manjunath

2017-12-09Honourable Mr Justice R. Suresh Kumar2 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 9th December, 2017 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by:- The Hon'ble Mr.JUSTICE R.SURESH KUMAR Members:-

(1) Mr.M.Sambasivam, District Judge (Retd.)

(2) Mr.W.M.Abdul Majeed CMA.No.124 of 2014 (Civil Miscellaneous Appeal against the Award and Decree dated 26/04/2013 in MCOP.No.152/2012 on the file of the Motor Accidents Claims Tribunal (Sub Judge), Hosur ). The Divisional Manager, United India Insurance Company Limited, Hosur.

Appellant Vs.

1.Manjunath 2.Sayeed Ameen Respondents (Respondent No.2 set ex parte before the Tribunal) This case came up for settlement before the National Lok Adalat. Both the parties are present. Mr.T.Ravichandran, the learned counsel for the Appellant and Mr.Pa.Sudesh Kumar, the learned counsel for the 1st respondent are present. After mutual discussion, negotiation, mediation and conciliation between both the parties, they arrived at a compromise to settle the matter as follows:- TERMS OF SETTLEMENT

1. This Appeal has been filed by the Appellant/Insurance Company against the impugned Award of the Tribunal.

2. The Quantum of Compensation awarded by the Tribunal is Rs.10,39,940/- with interest at 7.5% per annum from the date of petition till the date of deposit.

3. After due deliberation and consultation, both the parties have agreed to modify the award to a sum of Rs.9,50,000/- (Rupees nine lakhs and fifty thousand only) with interest and costs.

4. It is informed that the Insurance Company has already deposited 50% of the award amount of the Tribunal.

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5. In view of the said 50% deposit, the Insurance Company shall deposit the remaining amount within a period of four weeks from the date of receipt of a copy of this Award.

6. On such deposit, the claimant shall be at liberty to withdraw the modified award amount together with interest and costs by filing a formal petition before the Tribunal.

7. The Civil Miscellaneous Appeal is disposed of accordingly. The Divisional Manager, United India Insurance Company Limited, Hosur.

Counsel for the Appellant Manjunath Counsel for the 1st 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/Advocates concerned.

Copy to:

1.The Motor Accidents Claims Tribunal, Sub Court, Hosur. 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 mps CMA.No.124 of 2014 09.12.2017 http://www.judis.nic.in