United India Insurnce Co Ltd v. G.Srinivasan

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th day of July 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 N.ANAND VENKATESH AND MEMBERS 1.Mr.J.Venkatesaperumal, District Judge (Retd.) 2.M.Dhamodharan C.M.A.No.3379 of 2013 Against the award and decree dated on 16/07/2013 made in MCOP.No.2001 of 2011 on the file of the Motor Accident Claims Tribunal, V Judge, Small Causes Court, Chennai.

United India Insurance Company .. Appellant Vs.

1. G.Srinivasan

2. E.Murugaaiee (2nd respondent remained exparte before the Tribunal) .. Respondents This Criminal Miscellaneous Appeal has been taken up for settlement before the Lok Adalat. Both parties are present. Mr.D.Baskaran, learned counsel for the appellant, Mr.K.Ravikumar, learned counsel for the 1st 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 Insurance Company has filed the Civil Miscellaneous Appeal against the order of the Tribunal challenging the quantum. The claim petition was filed for a total sum of Rs.7,00,000/-. The tribunal has passed an award for a sum of

Rs.4,21,850/- with interest at the rate of 7.5% per annum. The parties have arrived at a settlement. It is reported that the entire amount has been deposited by the Insurance Compnay. The claimant is present in person along with his counsel. A joint Memo has been signed by the parties and their respective counsel. As per the Joint memo, the insurance company has agreed to withdraw a sum of Rs.1,00,000/- from the amount deposited by them and the balance amount is permitted to be withdrawn by the claimant in full quit.

3. The Tribunal is directed to transfer the amount through RTGS/NEFT to the party 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. Consequently, connected Miscellaneous Petitions are closed, if any.

United India Insurance Company Counsel for the Appellant G.Srinivasan 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 appellant 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/Advocates concerned Copy to:

1.The Motor Accident Claims Tribunal, V Judge, 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 rka N.ANAND VENKATESH, J.

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C.M.A.No.3379 of 2013 13.07.2019