M/S Icici Lombard General v. Mani @ Masilamani

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Friday, the 06th day of November 2015 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE T.N.VALLINAYAGAM (Retd.) and Members 1.Mr.I.Richard 2.Mrs.S.Jeyakumari C.M.A.No.702 of 2011 (Appeal against the judgment and decree passed on 17.06.2010 made in M.C.O.P.No.655 of 2008 on the file of the Motor Accidents Claims Tribunal (Principal Subordinate Judge) at Tirupur.

M/s.ICICI Lombard General Insurance Co.Ltd., ICICI Bank Towers, Bandra-Kurla Complex, Mumbai.

.. Appellant/3rd Respondent Vs.

Mani @ Masilamani .. Respondent/Petitioner Dhaheer Abdul Kafoor ... Respondents 1 & 2/Respondents.

This case came up for settlement before the Lok Adalat. Both parties are present. Mrs.R.Sreevidya, the learned counsel for the appellant and Mr.Ma.Pa.Thangavel, the learned counsel for the respondents are 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 The Tribunal has awarded a sum of Rs.7,59,800/- with interest at 7.5% per annum from the date of petition till the date of deposit and costs as compensation. Aggrieved by the award of the Tribunal, the appellant / Insurance Company had

preferred the present appeal. It is represented by the appellant/Insurance Company that they had already deposited the entire award amount with interest and costs in the Tribunal.

2. After due deliberation and consultation, both the parties have agreed to confirm the award of the Tribunal. Accordingly, the respondent is permitted to withdraw the award of the tribunal with interest, costs and accrued interest thereon.

3. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, connected miscellaneous petition, if any, is closed.

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.

(Sd) M/s.ICICI Lombard General Insurance Company Limited, ICICI Bank Towers, (Sd) Bandra-Kurla Complex,Mumbai..

Counsel for the Appellant (Sd) (Sd) Mani @ Masilamani Counsel for the respondent (Sd) Judge (Sd) (Sd) Member Member To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, Principal Subordinate Judge, Tirupur.

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 svi(co) prk15/7 C.M.A.No.702 of 2011