Madras High CourtCMA/1645/2015settled before the lokadalats

M/S New India Assurance v. Tmt.K.Malliga

2017-07-14Honourable Mr Justice J.A.K. Sampathkumar(Lok-Ii)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Friday, the 14th day of July 2017 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE J.A.K.SAMPATH KUMAR (Retd.) and Members Mr. G.Appasamy Mr. Balasekar C.M.A.No.1645 of 2015 and CMP.No.1 2015 and CROS. OBJ. No. 9 of 2016 ( Appeal against the award and decree passed on 21.01.2015 in M.C.O.P.No.5707 of 2012 on the file of the Motor Accidents Claims Tribunal (II Small Causes Court, Chennai.) New India Assurance Co.Ltd, No.45, Moore Street, Chennai-600 001.

.. Appellant/2nd Respondent Vs.

1.K.Malliga 2.K.Kanmani 3.K.Srinivasan 4.K.Prakash ..1st to 4th Respondents / petitioners 5.Savitha Medical College and Hospital.

..5th Respondent/1st Respondent On representation of the learned counsel for both sides, this case taken up for settlement before the Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr.J.Chandran and the learned counsel for the respondents Mr. F.Terry ChellaRaja 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 Though the matter is not listed today, at the request of both the Parties, it is taken up today.

The Tribunal has awarded a sum of Rs.11,36,000/- with interest at 7.5% per annum from the date of petition till the date of deposit. Aggrieved by the award of the Tribunal, the Appellant/Insurance Company had preferred the present appeal. The Claimant also filed a Cross Objection No. 9 of 2016 for enhancement.

2. After due deliberation and consultation, both the parties have agreed to modify the award to a sum of Rs.10,96,000/- (Rupees ten Lakhs ninety six thousand only) along with interest at 7.5% per annum from the date of petition till the date of deposit. The Claimant agreed to withdraw the Cross Objection. The Objection is ordered accordingly interims of Compromise.

3. The appellant/Insurance Company is directed to deposit the above said modified award amount of Rs.10,96,000/- along with interest at 7.5% per annum from the date of petition till the date of deposit, after deducting the amount already deposited if any, within a period of 30 days from the date of receipt of a copy of this order. On such deposit, the claimants / respondents are permitted to withdraw the modified award amount with interest at 7.5% per annum from the date of petition till the date of deposit without filing any formal petition. The Cross Objection Stands Dismissed.

4. The Modified award amount shall be shared in the following manner.

1. K.Malliga - Rs. 4,96,000/- with accrued interest

2. K.Kanmani - Rs. 2,00,000/- with accrued interest

3. K.Srinivasan - Rs. 2,00,000/- with accrued interest

4. K.Prakash - Rs. 2,00,000/- with accrued interest ------------------ Total amount - Rs. 10,96,000/- ------------------ 5.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. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently connected miscellaneous petition is closed if any.

sd/- sd/- New India Assurance Co.Ltd, Counsel for the Appellant sd/- 1.K.Malliga sd/- 2.K.Kanmani sd/- 3.K.Srinivasan sd/- 4.K.Prakash sd/- 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 parties 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.

sd/- Judge sd/- sd/- Member Member -s/d- Assistant Registrar(LA) True Copy Sub-Assistant Registrar To The parties/Advocate concerned Copy to 1.The Motor Accidents Claims Tribunal (II 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) C.M.A.No.1645 of 2015 SP(10/08/2017)