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Madras High CourtCMA/282/2015

Bajaj Allianz General Insurance Co., Ltd.,Coimbatore v. Mrs. Arputham

2019-02-08Honourable Mr. Justice R.Karuppiah (Retd.)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Friday, the 8th day of February, 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.KARUPPIAH (Retd.) and Members 1.Mr.K.Paramaraj 2.Mrs.K.M.Valsala Kumari CMA.No.282 of 2015 and MP.No.1 of 2014 Appeal filed under Section 173 of Motor Vehicle Act 1988 against the Judgment and decree passed on 17.04.2014 made in M.C.O.P.No.547 of 2012 on the file of the Motor Accidents Claims Tribunal, (Subordinate Judge), Dharmapuri.

Bajaj Allianz General Insurance Company Limited, Rep. By its Manager, No.1/82, 1st floor, Nanjammal Complex, Vishwanathapuram, Thudiyalur, Coimbatore Taluk and District.

...Appellant/2nd Respondent Vs.

1.Arputham ...1st Respondent/Petitioner 2.M/s.Bayer Crop Science Limited, No.11, 3rd Floor, 15th Cross, 20th Main, 5th phase, J.P.Nagar, Bangalore Taluk and District, Karnataka State.

(2nd Respondent set exparte before the Tribunal) ...2nd Respondent/1st 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.282 of 2015 pending on the file of High Court, Madras and preferred against the award passed in M.C.O.P.No.547 of 2012 on the file of the Motor Accidents Claims Tribunal, (Subordinate Judge), Dharmapuri, 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, present before Lok Adalat for conciliation today.

3. After great deliberation and discussion the appellant / 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made by the appellant on the grounds of appeal is as follows:- "I may be permitted to withdraw the appeal as withdrawn. Court fee paid may be refunded."

4. The above endorsement is hereby recorded and the appeal is dismissed as not pressed.

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 Petition 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 per 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 dri

To:

The parties/Advocate concerned Copy to:

1. The Motor Accidents Claims Tribunal, Subordinate Court, Dharmapuri.

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.282 of 2015 SAI(CO) GMY(08/03/2019)