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Madras High CourtCMA/2492/2012dismissed as withdrawal

The Divisional Manager v. Belmont Egamparam Died

2019-07-13Honourable Mr Justice R. Subramanian2 pages

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.2492 of 2012 (This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1989, to set aside the Judgment and Decree dated 16.12.2011 in MACT OP.No.1486 of 2005 on the file of the Motor Accident Claims Tribunal (Additional Sub-Judge, Presiding Officer, Pondicherry).

The Divisional Manager New India Insurance Co. Ltd., J.N.Street, Pondicherry-1.

... Appellant/Petitioner Vs.

Belmont Egamparam (died) Rep. by his Legal heirs

1. Isaimany Belmont

2. Tamijemany Belmont

3. Paquialatchoumy Belmont

4. K.Govindasamy ..Respondents/Respondents R4 set ex-parte in the Lower Court This case came up for settlement before the National Lok Adalat. Both the parties are present. Mr.S.Ramesh Babu, learned counsel appearing for the appellant/Insurance Company and Mr.F.Camilus Selva, learned counsel appearing for the respondents 1 to 3.

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R.SUBRAMANIAN, J.

mk/jv TERMS OF SETTLEMENT Though the Tribunal has adopted multiplier method, since the quantum of compensation arrived at is a reasonable one and the Insurance Company has agreed to withdraw this Civil Miscellaneous Appeal and the Deputy Manager, New India Insurance Company has also made an endorsement to that effect.

2. Hence, this Civil Miscellaneous Appeal is dismissed as withdrawn. The Insurance Company has deposited the entire compensation as per the interim order dated 10.09.2012 made in MP.No.1 of 2012 in CMA No.2492 of 2012. The claimants are permitted to withdraw the entire compensation as apportioned by the Tribunal. Consequently, connected miscellaneous petition is closed, if any.

Judge Member Member The Divisional Manager New India Insurance Co. Ltd., J.N.Street, Pondicherry-1.

Counsel for the Appellant

1. Isaimany Belmont

2. Tamijemany Belmont

3. Paquialatchoumy Belmont Counsel for the respondents 1 to 3 To:The parties/Advocate concerned Copy to:

1. The Additional Sub-Judge, Presiding Officer, Pondicherry (Motor Accidents Claims Tribunal) 3.The Secretary, High Court Legal Services Committee, Chennai. 4.The Section Officer, V.R.Section, High Court, Madras. 5.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies C.M.A.No.2492 of 2012 http://www.judis.nic.in