United India Insurance Company Ltd v. A.T.Jayaraman
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th day of July, 2019 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable Mr.JUSTICE R.SURESH KUMAR and Members:
Ms.V.Ahalya, D.J. (Retd.) Ms.V.J.Latha C.M.A.No.2770 of 2019 Appeal against the Judgment and Decree dated 16.03.2018 made in M.C.O.P.No.1221 of 2015 on the file of the Motor Accidents Claims Tribunal (II Additional District Judge), Tiruppur.
United India Insurance Company Ltd., Represented by its Manager, 14/1 - 77B, Salem Main Road, Puduchampalli, Raman Nagar Post, Mettur Dam - 636 403.
.. Appellant Vs.
1. A.T.Jayaraman
2. J.Anjana
3. S.Ramesh
4. C.Nagarajan ...
Respondents On representation made by both the counsels, this case is taken up for settlement. Both the parties are present. Mr.C.Prabakaran, learned counsel for the appellant and Mr.R.Prabakaran, learned counsel for the respondents 1 and 2 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 This appeal was filed by the Insurance Company, as against the award passed by the Motor Accidents Claims Tribunal Motor Accidents Claims Tribunal (II Additional District Judge), Tiruppur, under which the Tribunal awarded compensation to the extent of Rs.40,20,000/- with 7.5% interest.
2. Now today, after negotiation, deliberation and discussion with the parties, the parties arrived at an amicable settlement under which, the following settlement has been arrived.
a) That the respondents shall be paid a compensation of Rs.41,00,000/- (Rupees Forty One Lakhs only) as full quit. Of the said Rs.41,00,000/-, the apportionment shall be, ● The first respondent/husband will receive a sum of Rs.21,00,000/- (Rupees Twenty one Lakhs only).
● The second respondent, daughter of the deceased will receive Rs.20,00,000/- (Rupees Twenty Lakhs only).
b) The appellant already deposited a sum of Rs.25,000/- (Rupees Twenty Five Thousand only). The said amount shall be deducted. The remaining amount shall be deposited by the appellant within a period of four weeks. c) The respondents shall be at liberty to withdraw the said amount as per the aforesaid apportionment, by filing a formal petition before the Tribunal and once such petition is filed, without insisting upon any other formalities, they shall be given the payment out.
3. The Civil Miscellaneous Appeal is settled and disposed of accordingly. United India Insurance Company Ltd., Represented by its Manager, 14/1 - 77B, Salem Main Road, Puduchampalli,Raman Nagar Post, Mettur Dam - 636 403.
Counsel for the Appellant 1.A.T.Jayaraman
2. J.Anjana 3.S.Ramesh 4.C.Nagarajan Counsel for the respondents
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.
Judge Member Member To:
The parties/Advocate concerned Copy to:
1.The Motor Accidents Claims Tribunal (II Additional District Judge), Tiruppur. 2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, E.R/V.R.Section, High Court, Madras. 4.The Section Officer, Lok Adalat Section, High Court, Madras. +2 copies
R.SURESH KUMAR,J.
Sgl/Ssb C.M.A.No.2770 of 2019 13.07.2019