Bajaj Allianz General Ins., Co., Ltd.,Chennai v. Mr.M.Murugesan

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 9th day of March 2019 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr. Justice S. VAIDYANATHAN and Members: Mrs.S.Jayakumari Mr.P.Rosaiah C.M.A.No.247 of 2013 Appeal against the award and decree passed on 23.08.2012 in M.C.O.P.No.3063 of 2009 on the file of the Motor Accidents Claims Tribunal, II Court of Small Causes, Chennai.

Bajaj Allianz General Insurance Company Limited, Vaithyaraman Street, T.Nagar, Chennai 600 017.

.. Appellant Vs.

1.M.Murugesan 2.S.Mohanraj

...Respondents

Though this case has not listed today for settlement before the National Lok Adalat. Mr.Srinivasan Ramalingam, learned counsel for the Appellant is present. the M/s.N.M.Muthurajan, learned counsel for the first respondent is 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 This is a case of injury. Challenging the award dated 23.08.2012 passed by the Motor Accidents Claims Tribunal, II Court of Small Causes, Chennai, the present appeal has been preferred by the Insurance Company.

2. After negotiation, the award of the Tribunal is modified as follows: (i) The Parties are compromised and agreed to receive the sum of Rs.3,66,000/- and all. During the pendency of the appeal a sum of Rs.4,00,000/- and all as already been deposit and a sum of Rs.2,00,000/- and all as already been withdrawn out of which the balance amount lying, the claimant is entitled to withdraw the sum fo

Rs.1,42,000/- together with bank interest prevelant as on date and the balance amount if any lying shall be refunded to the Insurance Company with the agreed bank interest. (ii) The Trial Court shall follow the procedures contemplated in the order dated 11.03.2016 passed by a Division Bench of this Court in C.M.A.No.428 of 2016, scrupulously.

The Civil Miscellaneous Appeal is disposed of accordingly. Bajaj Allianz General Insurance Company Limited, Vaithyaraman Street, T.Nagar, Chennai 600 017.

.. Counsel for the Appellant 1.M.Murugesan 2.S.Mohanraj ... Counsel for the Respondents 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.The Motor Accidents Claims Tribunal, II Court of Small Causes, Chennai. 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

S.VAIDYANATHAN,J.

rna C.M.A.No.247 of 2013

09.03.2019