M/S. National Insurance v. Balamani
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 8th day of February, 2020 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE M.DHANDAPANI and Members:
Mr.V.C.Suresh, Sub Judge, Retired Mr.P.Madhan C.M.A.No.2686 of 2013 (Appeal against the award made in M.C.O.P.No.222 of 2009 dated 19.11.2012, on the file of Motor Accident Claims Tribunal, Sub Judge, Udumalaipet.) National Insurance Company Ltd., Dr. Nanjappa Road, Coimbatore ... Appellant /versus/
1. Balamani
2. Thirugnanavel
3. Umamaheswri
4. Velathal (died) ... Respondents This case is taken up before this Lok Adalat for settlement. Mr.K.Padmanahan for Ms.R.Sreevidhya, learned counsel for the appellant present. Mr.D.R.Arunkumar, learned counsel for the respondents appellant is present.
AWARD This appeal is preferred by the appellant National Insurance Company as against the award dated 19.11.2012 passed by the Subordinate Judge, Motor Vehicles Accident Claims Tribunal, Udumalaipet in M.C.O.P.No.222 of 2009.
2. The learned counsel for the appellant submitted that the appellant National Insurance Company agreed to accept the award passed by the Tribunal. In view of the same, the award of the Tribunal at Rs.6,71,000/- (Rupees six lakhs seventy one thousand only) with interest at the rate of 7.5% per annum from the date of petition till the date of deposit, is hereby confirmed.
3.Hence, the appellant Transport Corporation is directed to deposit the entire award amount with interest and costs, after deducting the amount already deposited, if any, within a period of six weeks from the date of receipt of a copy of this award.
4. It is represented that already the National Insurace Company has deposited the entire amount and the respondents/claimants have also withdrawn 50% of the amount awarded by the Tribunal. Hence, the respondents/claimants are permitted to withdraw the remaining 50% of the
amount awarded by the tribunal lying in the crdit of MCOP No.222 of 2009 on the file of the Subordinate Judge, Motor Accident Claims Tribunal, Udumalpet. The Tribunal is directed to transfer the same to the respondent/claimant, on proper identification through RTGS in accordance with the terms of the award, without insisting on any formal permission petition. 4.Accordingly, the Civil Miscellaneous Appeal is disposed of. Consequently, connected civil miscellaneous petition/s, if any, is/are closed. National Insurance Company Ltd., Dr. Nanjappa Road, Coimbatore Counsel for the Appellant
1. Balamani
2. Thirugnanavel
3. Umamaheswri
4. Velathal (died) Counsel for 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. Judge Member Member To:The parties/Advocate concerned
M.DHANDAPANI,J.
mst Copy to:
1.The Motor Accident Claims Tribunal, Sub Judge, Udumalpet 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 C.M.A.No.2686 of 2013 08.02.2020