United India Insurance Co. v. S. Magesh

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th December 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 G.K. ILANTHIRAIYAN and Members Mr.A.Manivasakan, District Judge (retd) Mrs.Sudharshana Sunder C.M.A.NO.281 OF 2015 and M.P.No.1 of 2015 (Appeal against the judgment and decree passed on 22.04.2014 made in MCOP.No.2069 of 2008 on the file of the Motor Accidents Claims Tribunal, II Additional Subordinate Judge) Cuddalore.

United India Insurance Co. Ltd No.13A Nethaji Road Manjakuppam, Cuddalore.

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Appellant /versus/ 1.S.Magesh 2.H.Ramesh ..

Respondents This matter is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.P.Sankaranarayanan, learned counsel for appellant insurance company and M/s.Ramya V. Rao, learned counsel for the first respondent/claimant are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

JUDGMENT

The Tribunal has awarded a compensation of Rs.7,24,665/- with interest at the rate of 7.5% per annum to the first respondent/claimant. Challenging the same, the appellant insurance company has filed the present appeal. 2.After due deliberation and consultation, both the parties have agreed to reduce the award amount to a sum of Rs.5,24,665/- with interest at 7.5%pa from the date of claim petition. The award of the Tribunal is accordingly, modified.

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G.K.ILANTHIRAIYAN, J.

rk 3.In view of the above, the appellant insurance company is directed to deposit the aforesaid modified amount along with interest and costs, after deducting the amount already deposited if any, within a period of six weeks from the date of receipt of a copy of this order. On such deposit being made, the Tribunal shall transfer the same to the savings bank account of the first respondent/claimant through RTGS forthwith, on proper identification, in accordance with the terms of the award, without insisting on any formal permission petition.

4.Accordingly, the Civil Miscellaneous Appeal is disposed of. Consequently, connected civil miscellaneous petition is closed. United India Insurance Co. Ltd No.13A Nethaji Road Manjakuppam, Cuddalore.

Counsel for Appellant S.Magesh Counsel for the 1st respondent 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. Judge Member Member To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, II Additional Sub Court, 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 C.M.A.NO.281 OF 2015 and M.P.No.1 of 2015 14.12.2019 http://www.judis.nic.in