Madras High CourtCMA/3539/2011settled before the lokadalats

The Branch Manager v. Pragatheesh

2019-03-09Honourable Mr Justice R. Mahadevan2 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 9th day of March, 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.MAHADEVAN and Members Mr. N.Ramachandran Mr. N.Dhanasekaran C.M.A. No.3539 of 2011 (Appeal against the award and decree passed on 30.06.2011 in M.C.O.P.No.29 of 2010 on the file of the Motor Accidents Claims Tribunal (Sub Court) at Neyveli.

The Branch Manager M/s.The New India Assurance Co.Ltd.

Ranipet.

.. Appellant Vs.

1.Pragatheesh 2.Venkatesan 3.Munusami Mudaliar (R2 & R3 set exparte before the Tribunal) 4.United India Insurance Co. Ltd No.14, Whites Road, Sudarsan Building, 2nd Floor, Chennai-14.

..Respondents This case came up for settlement before the Lok Adalat. Both the parties are present. The learned counsel for the appellant, Mr.C.Ramesh Babu, learned counsel for the 1st respondent, Mr.Ma.P.Thangavel and learned counsel for the fourth respondent Mr.J.Chandran, 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 The learned counsel for the appellant Insurance Company has submitted that he may be permitted to withdraw the appeal. He has also made an endorsement to that effect.

2.In view of the endorsement so made by the learned counsel for the appellant Insurance Company, the Civil Miscellaneous Appeal is dismissed as withdrawn. In view of the same, the award passed in M.C.O.P.No.29 of 2010 on the file of the Motor Accidents Claims Tribunal (Sub Court) at Neyveli, http://www.judis.nic.in

R.MAHADEVAN, J.

rk Cuddalore, at Rs.25,50,963/- with interest at the rate of 7.5% per annum from the date of filing of claim petition is confirmed. The appellant Insurance Company is directed to deposit their liability to the tune of Rs.12,75,481-60 with interest at the rate of 7.5% per annum, to the credit of MCOP No.29 of 2010, after adjusting the amount already deposited by them, if any, within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the first respondent / claimant is permitted to withdraw the entire amount. Award is passed accordingly.

3.The Tribunal is directed to transfer the said compensation amount to the claimants, on proper identification through RTGS in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, connected Miscellaneous Petition, if any, stands closed. The Branch Manager M/s.The New India Assurance Co.Ltd.

Ranipet.

Counsel for Appellant Pragatheesh .. Counsel for the Respondent/claimant 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.Motor Accidents Claims Tribunal (Sub Court) Neyveli, Cuddalore. 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 rk CMA.No.3539 of 2011 http://www.judis.nic.in