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Madras High CourtCMA/3140/2013disposed of

Bajaj Allianz General v. Maheshkumar

2021-09-06Honourable Mr Justice M.Thanikachalam (Retd.)4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat - II organised by the High Court Legal Services committee Monday, the 6th day of September 2021 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE M.Thanikachalam (Retd) Member Mr.M.Sambasivam, District Judge, Retd C.M.A.No.3140 of 2013 and MP.No.1 2013 Appeal against the judgment and decree dated 21.01.2011 made in M.C.O.P.No.489 of 2008 on the file of the Motor Accidents Claims Tribunal, Additional Sub Court, Tiruppur.

Bajaj Allianz General Insurance Company Limited, D.No.1, People's Park, 3rd Floor, Government Arts College Road, Coimbatore.

.. Appellant Vs.

1.Maheshkumar 2.Thangaraj 3.Balakrishnan 4.The Cabinet Secretary of Government of India, New Delhi.

5.The Secretary of Home and Prohibition Department, Government of Tamil Nadu, Chennai.

6.The Managing Director, TASMAC, Chennai.

(R4 Suo Moto impleaded, R5 and R6 also impleaded vide order of this Court dated 23.12.2014 made in CRP.No.3140 of 2013). .. Respondents

This case came up for settlement before the Lok Adalat. Both parties are present. Mr.R.V.Sivaraj, learned counsel for the appellant is present.

TERMS OF SETTLEMENT The Claimant/Respondent in this appeal has filed claim petition and the Insurance Company has directed to pay the award amount as per the order dated 21.01.2011.

2. After filing of the appeal before the Trial Court, the Insurance Company probably prosecuting the appeal may not be beneficial whereas settling the matter by paying the amount or withdrawing the appeal will be beneficial. In this view, having filed the memo requesting the forum to withdraw the appeal and pass appropriate order. Memo is recorded. As per memo recorded the appeal is dismissed as withdrawn and the parties are binding by the orders of the Tribunal. This appeal is disposed of accordingly. Consequently, connected Miscellaneous Petition is closed.

Bajaj Allianz General Insurance Company Limited, D.No.1, People's Park, 3rd Floor, Government Arts College Road, Coimbatore.

Counsel for the Appellant 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 2 r/w 25 of LSA Act 1987 as amended in 1994.

Judge Member To:The parties/Advocate concerned Copy to:

1. The Motor Accidents Claims Tribunal, Additional Sub Court, Tiruppur.

2. The Secretary, High Court Legal Services Committeee, Chennai.

3. The Secion Officer, V.R.Section, High Court, Madras.

4. The Section Officer, Lok Adalat Section, High Court Madras + 2copies drl

M.Thanikachalam, J.(Retd) drl C.M.A.No.3140 of 2013 06.09.2021