M/S.United India Ins.Co.Ltd v. M.Suresh
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 11th February 2023 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE SATHI KUMAR SUKUMARA KURUP and Members Mr.M.Pughazhendi, District Judge (Retd.) Mr.R.Singaravelan, Senior Advocate C.M.A.No.3290 of 2013 (Appeal against the judgment and decree passed in M.C.O.P.No.4519 of 2010 dated 21.01.2013 on the file of the Motor Accidents Claims Tribunal / (Small Causes Court - II Judge), Chennai District. M/s.United India Insurance Co.Ltd., Sillingi Building, New No.134, Old No.40-42, Greams Road, Chennai - 600 006.
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Appellant Vs
1. M.Suresh
2. R.Kandasamy ...
Respondents This case is taken up for settlement before the National Lok Adalat. Mr.P.Sundara Narayanan, learned counsel for the Appellants and M/s.Ramya.V.Rao, learned counsel for the first Respondent are present before this Court.
TERMS OF SETTLEMENT The Learned Counsel for the Appellant/Insurance Company and the Respondents/Claimants submitted that the case is not listed with the LokAdalat and requested to the Court to take up for hearing.
2. The Tribunal has awarded a sum of Rs.2,50,000/- along with interest at the rate of 7.5% per annum. Aggrieved by the said award amount, the Appellant/Insurance Company preferred this Appeal.
3. After passing the award, The Insurance Company had deposited 50 % of the award amount which was not withdrawn by the Claimants, till date.
4. During the pendency of the Appeal, the Insurance Company arrived at a settlement, thereby, the Claimants/Respondents have agreed to modify the award to a sum of Rs.2,00,000/- with interest.
5. It was agreed that the appellant is entitled to the modified award of Rs.2,00,000/- with interest.
6. The second respondent/Insurance Company is directed to deposit the balance award sum within a period of four weeks from today (11.02.2023).
7. The Appellant is entitled to withdraw the entire modified award amount of Rs.2,00,000/- with interest and cost. Consequently, connected miscellaneous petition, if any, is closed.
M/s.United India Insurance Co.Ltd., Sillingi Building, New No.134, Old No.40-42, Greams Road, Chennai - 600 006.
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Counsel for Appellant Vs
1. M.Suresh
2. R.Kandasamy ...
Counsel for Respondents This Lok Adalat award is passed in terms of the above settlement. The full Court fees paid shall be refunded to the parties in the manner provided under 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,(Small Causes Court - II Judge), Chennai District.
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
SATHI KUMAR SUKUMARA KURUP, J.
dna/dh C.M.A.No.3290 of 2013 11.02.2023