The Branch Manager v. Narayanan

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Thursday, the 02nd day of November, 2017 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by Hon'ble Mr.JUSTICE K.GNANAPRAKASAM (Retd.) and Members Mr.M.Mohamed Ismail M/s.D.Prasanna C.M.A No.1812 of 2016 and CMP.No.13346 of 2016 (This Civil Miscellaneous Appeal under Section 173 of Motor Vehicle Act, 1988 praying, against the Judgment and Decree dated 25.11.2015 in M.C.O.P.No. 516 of 2014, on the file of the Motor Accident Claims Tribunal (Special Subordinate Judge) at Krishnagiri.

The Branch Manager, The New India Assurance Co.,Ltd., Shevapet, Salem ..Appellant/2nd Respondent Vs.

1.Narayanan 2.K.Mani (Ex-parte) ..Respondents/Petitioner/ Respondent This case came up for settlement before Lok Adalat. Both the parties are present. The learned advocate for the appellant Mrs.R.Sreevidhya appearing for the New India Assurance, Co,Ltd., and the learned advocate for the respondent M/s.Mukund R. Pandian 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 appellant / New India Assurance Company Limited has preferred the present appeal aggrieved by the award passed by the Trial Court, viz., the Tribunal, which granted compensation of Rs.6,08,800/-, together with interest at 9% per annum from the date of petition till the date of deposit. Now, it is mutually agreed by both the parties that the rate of interest shall be reduced from 9% to 7.5% per annum.

2. By way of compromise, it is agreed by both parties that the respondent agreed to receive the compensation award amount at Rs.6,08,800/- (Rupees Six Lakhs Eight Thousand and Eight hundred only) with the rate of interest from 9% to 7.5% per annum. It is represented by the Appellant / New India Assurance Company Limited that they have deposited certain amount before the Tribunal and agreed to deposit the balance amount within eight weeks from the date of receipt of copy of this award. The respondents / petitioners herein is permitted to withdraw the Award amount, without filing any formal petition. Award is passed accordingly.

3. The Tribunal is directed to issue the cheque to the party concerned on proper identification in accordance with the terms of the award, without insisting on any formal permission petition. This Civil Miscellaneous Appeal is Closed. Consequently, connected Civil Miscellaneous petition is closed.

Sd/- The Branchl Manager, The New India Assurance Co.,Ltd., Sd/- Shevapet, Salem Advocate for the Appellant Sd/- Sd/- Narayanan Advocate for the 1st Respondent 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 Sd/- Sd/- Member Member Sd/- Assistant Registrar(CS ) //True Copy// Sub Assistant Registrar

To The parties/Advocate concerned Copy to:

1.The Motor Accident Claims Tribunal (Special Subordinate Judge), Krishnagiri.

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.+2copies C.M.A No.1812 of 2016 and CMP.No.13346 of 2016 SKV(CO) EU 4.12.17