The Divisional Manager, The United India Insurance Company Ltd., Cuddalore v. V.Ranganathan

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 9th day of March 2019 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr. Justice S. VAIDYANATHAN and Members: Mrs.S.Jayakumari Mr.P.Rosaiah C.M.A.No.209 of 2016 Appeal against the award and decree passed on 28.07.2013 in M.C.O.P.No. 258 of 2012 on the file of the Motor Accidents Claims Tribunal, Subordinate Judge, Tiruttani. M.Sadasivam .. Appellant Vs.

1.V.Ranganathan 2.The Manager The United India Insurance Co. Ltd., Now the 2nd respondent having office at No.134, Greems Road Silingi Buildings, IV - Floor, Chennai 6.

...Respondents

This case came up for settlement before the National Lok Adalat. Mr.J.Saravanan, learned counsel for the Appellant is present. the Mr.D.Bhaskaran, learned counsel for the respondents 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 is a case of fatal. Challenging the award dated 28.07.2013 passed by the Subordinate Judge, Tiruttani in M.C.O.P.No.258 of 2012, the claimant has preferred the present appeal. It is represented by the claimant/appellant that the entire award amount has been deposited by the Insurance Company before the Tribunal and the said amount had already been withdrawn by the legal representatives of the deceased.

2. After negotiation, the award of the Tribunal is modified as follows:

(i) The Insurance Company has agreed to pay a sum of Rs.1,50,000/- (Rupees One Lakh and Fifty Thousand only) along with interest at the rate of 7.5% per annum over and above the amount awarded by the Tribunal. Since, the award amount had already been deposited by the Insurance Company, the enhanced amount now agreed is directed to be deposited within a period of four weeks from the date of receipt of a copy of this award and on such deposit the legal representatives of the deceased are entitled to withdraw the amount as apportioned by the Tribunal. (ii) The Trial Court shall follow the procedures contemplated in the order dated 11.03.2016 passed by a Division Bench of this Court in C.M.A.No.428 of 2016, scrupulously.

The Civil Miscellaneous Appeal is disposed of accordingly. M.Sadasivam .. Counsel for the Appellant 1.V.Ranganathan 2.The Manager The United India Insurance Co. Ltd., Now the 2nd respondent having office at No.134, Greems Road Silingi Buildings, IV - Floor, Chennai 6.

... Counsel for the Respondents This Lok Adalat award is passed in terms of the above settlement. The Court fee paid shall be refunded to the parties in the manner provided under 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, Subordinate Judge, Tiruttani. 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

S.VAIDYANATHAN,J.

rna C.M.A.No.209 of 2016 09.03.2019