Divisional Manager v. Manimaran

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 9th March 2024 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE P.B.BALAJI and Members Miss.V.Ahalya, District Judge (Retd.) Mr.C.K.Chandrasekar, Advocate CMA.No.3082 of 2023 (Appeal against the judgment and decree passed in M.C.O.P.No.415 of 2021 dated 27.04.2022 on the file of the Additional Motor Accident Claims Tribunal, Pondicherry.

Divisional Manager, TATA AIG General Insurance Company Ltd., No.202, First Floor, 100 Feet Road, Maraimalai Nagar, Nainar Mandapam, Pondicherry.

...

Appellant Vs 1.Manimaran 2.Balasubramaniyam 3.Angalan 4.Divisional Manager, Bajaj Alliance General Insurance Company Limited, No.87-91, La Complex, Pondy to Villupuram Main Road, Boomianpet, Pondicherry.

...Respondents

This case is taken up for settlement before the National Lok Adalat. Mr.E.Rajadurai for M/s.M.B.Gopalan Associates, learned counsel for the Appellant is present and Mr.S.Syed Mazhar Hayat, learned counsel for the 1st Respondent are present before this Court.

TERMS OF SETTLEMENT The appeal is at the instance of the Insurance Company, challenging the award of compensation to the tune of Rs.87,22,000/- (Rupees Eighty Seven Lakh Twenty Two Thousand only) together with interest.

2.Today, the learned counsel for the Insurance Company as well as the learned counsel for the injured respondent and the injured person along with his relative are present and they have negotiated in our presence, and agreed to deposit a sum of Rs.80,35,000/- (Rupees Eighty Lakh and Thirty Five Thousand only) payable together with interest at the rate of 7.5 p.a. The injured claimant has also agreed to receive the said amount.

3.The learned counsel for the appellant brings to our notice that already a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) had been deposited by the Insurance Company at the time of preferring the appeal. The appellant/Insurance Company is directed to deposit the balance award amount of Rs.80,10,000/- (Rupees Eighty Lakh and Ten Thousand only) together with interest at 7.5 per annum, if not already deposited, within a period of 6 weeks, from the date of receipt of a copy of this order.

3.On such deposit being made, the Tribunal is directed to transfer the amount through RTGS/NEFT to the respondent/claimant's bank account on proper identification, in accordance with the terms of the award, without insisting on any formal petition. 4.The Civil Miscellaneous Appeal is disposed of accordingly. Divisional Manager, TATA AIG General Insurance Company Ltd., No.202, First Floor, 100 Feet Road, Maraimalai Nagar, Nainar Mandapam, Pondicherry.

Counsel for the Appellant 1.A.Krishnaveni 1.Manimaran 2.Balasubramaniyam 3.Angalan 4.Divisional Manager, Bajaj Alliance General Insurance Company Limited, No.87-91, La Complex, Pondy to Villupuram Main Road, Boomianpet, Pondicherry.

Counsel for the Respondents This Lok Adalat award is passed in terms of the above settlement.

The full Court fees paid shall be refunded to the parties in the manner provided under 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 Copy to:

1.Additional Motor Accident Claims Tribunal, Pondicherry. 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

P.B.BALAJI, J.

ata CMA.3082 of 2023 09.03.2024