Madras High CourtCMA/1535/2016settled before the lokadalats

Bajaj Allianz Genral v. Sargunam

2017-07-08Honourable Mr Justice V. Bharathidasan3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Tuesday, the 29h day of January, 2019 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 1.Mr.S.Baskaran 2.Dr.P.Vasudevan CMA.No.1535 of 2016 and CMP.No.11684 of 2016 Appeal against the Judgment and decree passed on 27.07.2015 made in M.C.O.P.No.337 of 2012 on the file of Motor Accident Claims Tribunal (I Additional District Judge) at Tiruppur. Bajaj Allianz General Insurance Company Limited, No.11, Peoples Park 3rd Floor Government Arts College Road, Coimbatore.

...Appellant/3rd Respondent Vs.

1.Sargunam .. 1st Appellant/Petitioner 2.Ramesh 3.Syed Ahamed Kabeer (2nd and 3rd Respondents are Set exparte before the Tribunal) ..2nd 7 3rd Respondents/1 & 2 Respondent This case has been listed today in Lok Adalat. Ms.N.Thilagavathy, Legal Officer, Bajaj Allianz General Insurance Company Limited is present.

ORDER

The Appeal in C.M.A.No.1535 of 2016 pending on the file of High Court, Madras and preferred against the award passed in MCOP.No.337 of 2012 on the file of Motor Accident Claims Tribunal (I Additional District Judge) at Tiruppur has been referred to Lok Adalat for conciliation today.

2. The Appellant / Bajaj Allianz General Insurance Company Limited who is the Respondent before the Tribunal assisted and represented by Ms.N.Thilagavathy and respondent are present before Lok Adalat for conciliation today.

3. After great deliberation and discussion both parties compromised the disputed claim whereby the appellant / General Insurance Company Limited has stated no objection to have the award passed by the Tribunal confirmed in this appeal and appeal not pressed but without cost. The endorsement made by the appellant on the grounds of appeal is as follows:- "The appellant and the respondent compromised the dispute between both parties, thereby agreeing to confirm the award passed by the Tribunal. Hence the appellant is not pressing the appeal, but without cost. Court fee may be refunded".

4. In view of the above endorsement, the appellant / Insurance Company has not pressed the appeal but without cost.

5. In view of the above said compromise and the endorsement made on the appeal memorandum as mentioned above, the Lok Adalat hereby declare and decree that the appeal stands dismissed as not pressed confirming the award passed by the Tribunal in this matter. No order as to costs. Award is passed accordingly. Consequently, connected Miscellaneous Petitions is also closed. The full Court fee shall be refunded to the appellant in the manner provided under Section 69-A of the Tamil Nadu CourtFees 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.

Sd/- Judge Sd/- Sd/- Member Member Sd/- Assistant Registrar(L.A.) //True copy// Sub Assistant Registrar

To:

The parties/Advocate concerned Copy to:

1. The Motor Accident Claims Tribunal (I Additional District Judge) at Tiruppur.

2. The Secretary, High Court Legal Services Committee, Chennai.

3. The Section Officer, V.R.Section, High Court, Madras. (2 copies)

4. The Section Officer, Lok Adalat Section, High Court, Madras. (+2 copies) CMA.No.1535 of 2016 MG(CO) GMY(04/03/2019)