Madras High CourtCMA/1666/2015settled before the lokadalats

The New India Assurance Co v. Devarajan

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.1666 of 2015 and CMP.No. 1 of 2015 ( Appeal against the award and decree passed on 02.12.2014 in M.C.O.P.No.3177 of 2010 on the file of the Motor Accidents Claims Tribunal (VI Court of Small Causes,) Chennai.) The New India Assurance Co.Ltd, F-46, First Main Road, Anna Nagar, Chennai- 600 102.

.. Appellant/ 2nd Respondent Vs.

1.Mr.Devarajan 2.D.Lakshmi . . Respondents/Petitioners 3.K.Iyyappan . .1st Respondent / Respondents 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.Ramesh Babu and the learned counsel for the respondents Mr.N.Kamaraj 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 Both parties and her counsels are present.

The Tribunal has awarded a sum of Rs.11,19,500/- 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.

2. As per the orders of the High Court, the Insurance Company was directed to deposit 50% of the award amount together with interest there on. On such deposit the petitioners / Claimants were permitted to withdraw 50 % of the amount deposited by the insurance Company.

3. After due deliberation and consultation, both the parties

have agreed to settle and the petitioners / claimants are willing to withdraw the entire amount with accrued interest deposited by the Insurance Company in M.C.O.P.No. 3177 of 2010 VI Court of Small Causes, Chennai.

4. The Insurance Company has given no objection for such withdrawal. The appeal is disposed.

5. The petitioners / Claimants namely Mr.Devaraj and D.Lakshmi are entitled to withdraw the entire amount deposited by the Insurance Company with accrued interest which is lying in the Court deposit under M.C.O.P.No.3177 of 2010 VI Court of Small Causes, Chennai. The parties shall share the amount equally.

6. 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.

sdsdThe New India Assurance Co.Ltd, Counsel for the Appellant sd1.Mr.Devarajan sd2.D.Lakshmi 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 sdsd- Member Member Sd/- Assistant Registrar(LA) //True Copy// Sub Assistant Registrar

To The parties/Advocate concerned Copy to 1.The Motor Accidents Claims Tribunal (VI 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.1666 of 2015 MG(CO) GN(11/08/2017)