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Madras High CourtCMA/1537/2014settled before the lokadalats

United India Insurance Co Ltd v. R. Gowri

2016-07-20Honourable Mr Justice A.Ramamurthi (Lok-Ii)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Wednesday, the 20th day of July 2016 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided by The Hon'ble Mr.JUSTICE A.RAMAMURTHI (Retd.) and Members Mr.P.Subburaj Mr.S.Rajeswaran C.M.A.No.1537 of 2014 (Appeal against the award and decree passed on 07.11.2013 made in M.C.O.P.No.3255 of 2011 on the file of the Motor Accidents Claims Tribunal (VI Court of Small Causes, Chennai)) United India Insurance Co. Ltd., W-122 III Avenue, Chennai 600 040.

..Appellant /vs/ 1.Tmt.R.Gowri 2.N.Srinivasan (Ex-parte before the lower Court) ..Respondents This case is came up for settlement before the Lok Adalat. Both the parties present. The learned counsel for the appellant Mr.C.Paranthaman and the learned counsel for the first respondent Mr.P.Chinnaraj, 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.2,87,000/- (Rupees two lakhs and eighty seven thousand only) with interest at the rate of 7.5% per annum from the date of petition, till the date of deposit and costs as compensation. Aggrieved against the award of the Tribunal, the appellant/Insurance Company has preferred the present appeal.

2.

Now, by way of compromise, it is agreed by both the parties that the award amount shall be modified of Rs.2,60,000/-(Rupees two lakhs and sixty thousand only) in full quit (inclusive of interest and cost).

3.

It is represented by the learned counsel appearing for the appellant/Insurance Company that the entire award amount has already been deposited before the Tribunal. Since the award amount already deposited, the first respondent/claimant is permitted to withdraw the modified award amount of Rs.2,60,000/- in full quit (inclusive of interest and cost), without filing any formal petition and the surplus amount if any, shall be refunded to the appellant/Insurance Company, without filing any formal petition. Award is passed accordingly. 4.

The Tribunal is directed to issue the cheque to the party viz., R.Gowri 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 Petition is also closed.

Sd/- United India Insurance Co. Ltd., W-122 III Avenue, Sd/- Chennai 600 040.

Counsel for the Appellant (LTI/-) Sd/- Tmt.R.Gowri Counsel for the first respondent 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.

Sd/- Judge Sd/- Sd/- Member Member Sd/- Assistant Registrar(CS-) //True Copy// Sub Assistant Registrar

The parties/Advocate concerned Copy to 1.The Motor Accident Claims Tribunal(VI Judge, Small Causes Court), Chennai.

2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R.Section, High Court, Madras.(2 COPIES) 4.The Section Officer, Lok Adalat Section, High Court, Madras (+2 copies) C.M.A.No.1537 of 2014 GJ(CO) TR(09/04/2018)