The Divisional Manager, v. Anbalagan,S/O.Subramanian,
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organized 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 Honourable Mr.JUSTICE P.RAJAMANICKAM and Members:
Mr.G.Dhanaraj Mr.V. Shanmugasundaram C.M.A.No.167 of 2016 (Appeal against the Judgment and decree passed on 17.08.2015 in M.C.O.P.No.675 of 2013 on the file of the Motor Accidents Claims Tribunal, (II Additional Subordinate Judge), Cuddalore.
The Divisional Manager National Insurance Co.,Ltd., Divisional Office, 110, JN Street Puducherry 605 001.
... Appellant /2nd Respondent Vs.
1.Anbalagan 2.Thillai Agro Centre, No.3, Senguntha Street, Madukarai, Motchakulam Post, Puducherry.
...Respondents
Though this case has not been listed in the cause list before the National Lok Adalat, since it is represented that the parties are willing for settlement, this
case is taken up for final disposal. Both the parties are present. Mr.S.Ramalingam, the learned counsel for the appellant and Mr.K.Mugundan, the learned counsel for the first respondent are present. After discussion and negotiation, the matter is settled as follows:- TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.7,52,000/- with interest at the rate of 7.5% per annum from the date of petition till the date of deposit and costs as compensation.
Challenging the quantum of compensation, the appellant/Insurance Company has preferred the present appeal.
2. As per the award passed by the trial Court in appellant/Insurance Company has deposited the entire award amount of Rs.7,52,000/- along with interest @ 7.5%. Now, the matter is settled to the effect that the appellant/Insurance Company is entitled to withdraw a consolidated sum of Rs.1,80,000/- (Rupees One Lakh and Eighty Thousand Only) in full quit from the aforesaid deposit and the entire balance amount shall be permitted to be withdrawn by the claimant/first respondent.
3. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, connected Miscellaneous Petition is closed, if any.
The Divisional Manager National Insurance Co.,Ltd., Divisional Office, 110, JN Street Puducherry 605 001.
Counsel for the Appellant Anbalagan Counsel for the first respondent This National 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
P.RAJAMANICKAM, J.
dna/vv To:The parties/Advocate concerned Copy to:
1.The Motor Accidents Claims Tribunal, (II Additional Subordinate Judge),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. C.M.A.No.167 of 2016 14.12.2019