The Branch Manager v. Arumugam

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 10th day of February, 2018 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mrs.JUSTICE R.HEMALATHA and Members:

Ms.V.Ahalya (District Judge Retired) Mrs.S.Sujatha C.M.A.No.2094 of 2016 (Appeal against the award and decree passed on 30.04.2015 in M.C.O.P.No.862 of 2012 on the file of the Motor Accidents Claims Tribunal, (Additional Sub Judge) at Tirupur.

The Branch Manager, Royal Sundaram Alliance Insurance Co. Ltd., First Floor, Sri Krishna Plaza No.1, Nachappa Street, Erode ..Appellant Vs.

1.Arumugam 2.P.Durairaj (2nd respondent set -exparte before Tribunal)

...Respondents

This case came up for settlement before the National Lok Adalat. Both parties are present. The learned counsel for the appellant Mr.M.Krishnamoorthy and the learned counsel for the first respondent Mr.MA.PA.Thangavel 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.23,74,700/- with interest at 7.5% per annum from the date of petition till the date of deposit.

2. Being aggrieved by the same, the Insurance Company has

preferred the present appeal. Now, both the parties have agreed for a settlement. The 1st respondent/ Claimant has agreed to receive a sum of Rs.26,00,000/- in full quit towards full and final settlement.

3. It is represented that a sum of Rs.31,98,077/- has already been deposited by the Insurance Company.

4. Hence, the balance sum of Rs.5,98,077/- shall be refunded to the Insurance Company and the 1st respondent /claimant is permitted to withdraw the settled amount. The Award is passed accordingly.

5. The Tribunal is directed to transfer the amount to the parties concerned to their account in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. The Branch Manager, Royal Sundaram Alliance Insurance Co. Ltd., First Floor, Sri Krishna Plaza No.1, Nachappa Street, Erode Counsel for the Appellant Arumugam Counsel for the 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.

Judge Member Member To :

The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal,( Additional Sub Court) at Tirupur. 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

R.HEMALATHA,J.

av C.M.A.No.2094 of 2016 10.02.2018