Madras High CourtCMA/817/2021settled before the lokadalats

United India Insurance Co Ltd v. Rukmani

2021-04-10Honourable Mr. Justice Malai Subramanian (Retd.)4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 10th day of April, 2021 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE MALAI SUBRAMANIAN (Retd.) and Members Mr.A.MANIVASAKAN Mr.S.KRISHNAPRASAD CMA No.817 of 2021 (Appeal against the Judgment and decree passed on 24.03.2020 in M.C.O.P.No.3783 of 2018 on the file of the Motor Accidents Claims Tribunal, Chennai, (Special Sub-Court-2/Court of Small Causes), Chennai) United India Insurance Company Limited 134, Greams Road Chennai-600 006.

...Appellant Vs.

1. Rukmani

2. Vignesh

3. Srinivasan

...Respondents

This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.D.Bhaskaran, learned counsel for appellant/Insurance Company and Mr.K.Harikrishnan, learned counsel for the 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.10,10,000/- with interest at 7.5% per annum from the date of petition till the date of decree and costs as compensation. 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.8,00,000/- (Rupees Eight Lakhs only) in full quit (inclusive of interest) as compensation.

3. The appellant / Insurance Company is directed to deposit the above said modified award amount of Rs.8,00,000/- (Rupees Eight Lakhs only), after deducting the amount already deposited if any, within a period of eight weeks from the date of receipt of a copy of this award. On such deposit, the respondents 1 & 2/claimants 1 & 2 are permitted to withdraw the modified amount equally without filing any formal petition. Award is passed accordingly.

4. The Tribunal is directed to transfer the amount through RTGS/NEFT to the parties 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. The connected miscellaneous petition is closed, if any.

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 United Indian Insurance Company Limited 134, Greams Raod Chennai-600 006.

Counsel for the Appellant

1. Rukmani

2. Vignesh Counsel for the respondents To:

The parties/Advocate concerned Copy to:

1. Motor Accidents Claims Tribunal, Chennai, (Special Sub-Court-2/Court of Small Causes), 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 mk/ms

MALAI SUBRAMANIAN,J. (Retd.) mk CMA No.817 of 2021 10.04.2021