National Insurance Company v. K.C.Ravikumar

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Tuesday, the 29th day of November 2016 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE S.K. KRISHNAN (Retd.) and Members Mr.Mohamed Ismail Mr.S. Rajeswaran C.M.A.No.1748 of 2015 and M.P.No.1 of 2015 (Appeal against the judgment and decree passed on 06.09.2014 made in M.C.O.P.No.1767 of 2013 on the file of the Motor Accidents Claims Tribunal (V Small Causes Court) Chennai. National Insurance Company Limited, No.751, Anna Salai, Chennai-2.

.. Appellant Vs.

1.K.C. Ravikumar 2.A. Annamalai .. Respondents This case came up for settlement before the Lok Adalat. Both the parties are present. Mr.S.Vadivel, the learned counsel for the Appellant Mr.B.S. Padmanabhan, the learned counsel for the first respondent 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.13,45,000/- with interest at 7.5% per annum from the date of petition till the date of deposit and costs as compensation on 06.09.2014. 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.10,50,000/- (Rupees Ten Lakhs and Fifty Thousand only) along with interest at 7.5% per annum from the date of petition till the date of deposit as compensation.

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

4. On such deposit, the first respondent / claimant is permitted to withdraw the above said modified award amount along with interest without filing any formal petition. Award is passed accordingly.

4. 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.

Sd/- National Insurance Company Limited, Sd/- No.751, Anna Salai, Chennai-2.

Counsel for the Appellant Sd/- Sd/- K.C. Ravikumar Counsel for the first 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 VII) //True Copy// Sub Assistant Registrar ep

To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, V 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.1748 of 2015 KJ(CO) Eu 5.1.17