Madras High CourtCMA/1615/2015settled before the lokadalats

The Oriental Insurance v. G. Kanniappan

2015-10-12Honourable Mr Justice Malai. Subramanian (Lok-I)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Monday, the 12th day of October 2015 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE MALAISUBRAMANIAN (Retd.) and Members 1.Mr.S.S.Mariappan 2.Mr.V.Kumaravelan C.M.A.No.1615 of 2015 (Appeal filed 173 of Motor Vehicles Act, 1988 against the judgment and decree passed on 12.01.2015 made in M.A.C.T.O.P.No.222 of 2014 on the file of the Motor Accidents Claims Tribunal (Subordinate Court, Ranipet), Vellore District. The Oriental Insurance Co.Ltd., Rep by Divisional Manager, No.17-A, Krishnagiri Road, SKS Complex, Ranipet 632 401.

.. Appellant Vs.

1.G.Kanniappan 2.G.Jothi@Jothikumar 3.S.Manjula 4.R.Lokesh .. Respondents 5.

This case came up for settlement before the Lok Adalat. Both parties are present. Mr.M.Krishnamoorthy, the learned counsel for the appellant and the learned counsel for the respondents 1 to 3 Mr.M.Sivakumar 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.5,00,000/- 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.

2. After due deliberation and consultation, both the parties have agreed to modify the award to a sum of Rs.4,50,000/- (Rupees Four Lakhs fifty Thousand only) with interest at 7.5% from the date of petition till the date of deposit and also cost of the Trial court amounting to Rs.12,000/- (Rupees Twelve thousand only) that will bear no interest.

3. The appellant /Insurance Company is directed to deposit the above said modified award amount, after deducting the amount already deposited if any, within a period of six weeks from the date of receipt of a copy of this order.

4. On such deposit, the respondents 1 to 3 are entitled to equal share. Award is passed accordingly.

5. The Tribunal is directed to issue the cheques to the parties 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. Consequently, connected Miscellaneous Petition is closed.

Sd/- The Oriental Insurance Co.Ltd., Rep by Divisional Manager, No.17-A, Krishnagiri Road, Sd/- SKS Complex, Ranipet 632 401.

Counsel for the Appellant Sd/- 1.G.Kanniappan Sd/- 2.G.Jothi@Jothikumar Sd/- Sd/- 3.S.Manjula Counsel for the Respondents 1 to 3 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/- Sd/- Judge Sd/- Member Member Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, Sub Court, Ranipet. 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.1615 of 2015 ud co kra 19.01.2016