M/S United India Insurance Co v. T. Kamini Priyadarshini

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th day of July 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 N.ANAND VENKATESH and MEMBERS:

1.J.Venkatesaperumal, District Judge (Retd.) 2.M.Dhamodharan C.M.A.No.385 of 2015 Against the award and decree dated 31.07.2014 in M.C.O.P.No.5926 of 2011 on the file of the Motor Accidents Claims Tribunal, VI Court of Small Causes Court, Chennai.

United India Insurance Company Ltd., No.134, Greams Road, Chennai-600 006.

.. Appellant /versus/ 1.T.Kamini Priyadarshini 2.Mrs.G.Sundari ..Respondents Even though this case is not listed today, this case taken up for settlement before the Lok Adalat. Both parties are present. Mr.D.Baskaran, learned counsel for the appellant, Mr.R.Kalaiyarasan, 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 Insurance Company is the appellant questioning the quantum of compensation awarded by the tribunal. The claim petition was filed before the tribunal claiming for a sum of Rs.3,00,000/- towards compensation. The tribunal awarded a total compensation of a sum of Rs.1,53,000/- with interest at the rate of 7.5% p.a. The Insurance Company was directed to deposit 50% of the compensation amount with accrued interest. This amount was deposited by the Insurance Company. Now, the parties have arrived at a settlement. The claimant was present in person along with their counsel.

The claimant has agreed to withdraw the entire compensation deposited by the Insurance Company in full quit.

N.ANAND VENKATESH.,J.

KP

2. The Tribunal is directed to transfer the amount through RTGS/NEFT to the party concerned on proper identification in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly.

United India Insurance Company Ltd., No.134, Greams Road, Chennai-600 006.

Counsel for the Appellant 1.T.Kamini Priyadarshini 2.Mrs.G.Sundari Counsel for the Respondents This Lok Adalat award is passed in terms of the above settlement. The Court fee paid shall be refunded to the appellant in the manner provided under 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/Advocates concerned Copy to:

1.The Motor Accident Claims Tribunal, V Court of Small Causes Court, Chennai. 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 uma/ub C.M.A.No.385 of 2015 13.07.2019