Royal Sundaram Alliance v. Azhagammal
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat - I organised by the High Court Legal Services Committee Monday, the 9th day of January 2017 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE P.THANGAVEL (Retd.) and Members Mr.R. Duraiswamy Mr.Arockia Mani Raj C.M.A.No.1700 of 2016 & CMP.No.12858/2016 (Appeal against the Judgment and decree dated 13.02.2012 made in M.C.O.P.No.340 of 2010 on the file of the Motor Accident Claims Tribunal, Tindivanam) Royal Sundaram Alliance Insurance Chennai.
.. Appellant / 2nd Respondent - Vs - 1.Azhagammal W/o.late S. Ramu 2.Baskar @ Baskaran S/o.late S. Ramu .. Respondents / Petitioners 3.K. Jeeva .. Respondent / 1st Respondent This case came up for settlement before the Lok Adalat. Both the parties are present. M/s.S. Manohar, learned counsel for the appellant and Mr.K. Subburam, learned counsel for the respondent 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 appeal in C.M.A.No.1700/2016 pending on the file of the Hon'ble High Court, Madras and preferred against the award passed in M.C.O.P.No.340/2010 on the file of the Motor Accident
Claims Tribunal, Tindivanam has been referred to Lok Adalat for conciliation today.
The appellant assisted by counsel and respondent assisted by counsel are present before Lok Adalat today for conciliation. This is the case of fatal accident. The Tribunal has passed an award for a sum of Rs.7,50,000/- with interest at 7.5% p. a. from the date of petition till the date of deposit of amount along with cost. Aggrieved at the said award the above said Appellant / Insurance Company preferred this appeal. After great deliberation and discussion both parties have compromised the disputed claim at Rs.8,00,000/- towards full quit of the claim amount by claimants 1 & 2 / petitioners before the Tribunal. Admittedly a sum of Rs.25,000 has been deposited before the competent court and the appellant Insurance Company agreed to deposit the balance amount within 6 weeks from the date of receipt of copy of this award.
In view of the compromise arrived at between both parties the Lok Adalat hereby declare and decree that the appellant Insurance Company shall pay a sum of Rs.8,00,000/- to the respondents 1 & 2 / petitioners towards full quit of the claim of the respondents 1 & 2 within 6 weeks from the date of receipt of copy of this award. Since the appellant has already deposited a sum of Rs.25,000/- towards the compromised amount, the appellant shall deposit the balance amount within 6 weeks from the date of receipt of copy of this award. The compromised amount shall be apportioned between the respondents 1 & 2 / claimants in the ratio as already apportioned by the Tribunal in the award immediately on deposit of the compromised amount. Respondents 1 & 2 shall withdraw their shares without filing formal petition. Award is passed accordingly. No order as to cost.
sdsdRoyal Sundaram Alliance Insurance Counsel for the Appellant Chennai.
sd1)Azhagammal sd sd2)Baskar @ Baskaran Counsel for the Respondents
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- Judge sdsd- Member Member sd/ Assistant Registrar(CCC) /true copy/ Sub Assistant Registrar To The parties/Advocate concerned Copy to 1.The Motor Accident Claims Tribunal, Tindivanam. 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) ep C.M.A.No.1700 of 2016 & CMP.No.12858/2016 SVR(CO) GN(03/02/2017)