Madras High CourtCMA/1102/2015settled before the lokadalats

The Oriental Insurance Co. v. M. Prem Kumar

2017-01-30Honourable Mr Justice P.Thangavel(Lok-I)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat - I organised by the High Court Legal Services Committee Monday, the 30th day of January 2017 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE P.THANGAVEL (Retd.) and Members Mr.V.C. Suresh Mr.M. Sureshkumar C.M.A.No.1102 of 2015 and M.P.No.1 of 2015 (Appeal against the award and decree dated 25.11.2014 made in M.C.O.P.No.71 of 2013 on the file of The Motor Accidents Claims Tribunal, District Judge, Krishnagiri) The Oriental Insurance Co.Ltd., Represented by its Branch Manager, By-pass Road, Hosur.

.. Appellant/2nd Respondent - Vs - 1.M. Premkumar .. Petitioners/Respondents 2.Shymala Devi 3.Anu Gayathri 4.T. Ellappan .. 1st Respondent This case came up for settlement before the Lok Adalat. Both the parties are present. M/S.S. Arunkumar, the learned counsel for the Appellant and Mr.M. Premkumar, Party-in-person 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 appeal in C.M.A.No.1102/2015 pending on the file of the Hon'ble High Court, Madras and preferred against the award passed in M.C.O.P.No.71/2013 on the file of The Motor Accidents Claims Tribunal, District Judge, Krishnagiri has been referred to Lok Adalat for conciliation today.

The Tribunal has awarded a sum of Rs.13,80,000/- with interest at 7.5 % p. a. and cost from the date of petition till the date of deposit. A portion of the awarded amount is said to have been deposited in the Competent Court. Aggrieved at the award passed by the Tribunal, the Appellant has come forward with this appeal. After great deliberation and

discussion both parties have compromised the disputed claim at Rs.12,00,000/- (Rupees Twelve Lakhs Only) with interest at 7.5 % p. a. from the date of petition till the date of deposit and cost.

In view of the compromise arrived at between both parties, the Lok Adalat hereby declare and decree that the appellant Insurance Company shall pay a sum of Rs.12,00,000/- with interest as mentioned above and costs to the respondents 1 to 3 towards claim of the respondents 1 to 3 within 6 weeks from the date of receipt of copy of this award. If the appellant has already deposited any amount towards the settled amount, the appellant shall deposit the balance amount within 6 weeks from the date of receipt of copy of this award.

If there is any excess amount standing to the credit of this proceedings after payment of the amount due to the appellant, the Insurance Company is permitted to withdraw from the Competent Court, the balance amount along with interest. The settled amount shall be apportioned between the respondents 1 to 3 / claimants in the ratio as already apportioned by the Tribunal in the award immediately on deposit of the settled amount. Respondents 1 to 3 shall withdraw their shares without filing formal petition. Award is passed accordingly. No order as to cost.

-s/dThe Oriental Insurance Co.Ltd., Represented by its Branch Manager, -s/dBy-pass Road, Hosur.

Counsel for the Appellant -s/d- -s/dM. Premkumar Party-in-person -s/dShymala Devi -s/dAnu Gayathri This Lok Adalat award is passed in terms of the above settlement.

The full Court fee paid shall be refunded to the appellant in the manner provided under Section 69-A of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955 and 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.

-s/dJudge -s/d- -s/d- Member Member -s/dAssistant Registrar(LA) True Copy Sub-Assistant Registrar To The parties/Advocate concerned Copy to 1.The Motor Accidents Claims Tribunal, District Judge, Krishnagiri.

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) C.M.A.No.1102/2015 and M.P.No.1 of 2015 sal(co) aa28/04/2017