The Oriental Insurance Com. v. M.Rangasamy,

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 8th February 2020 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE C.SARAVANAN and Members Mr.N.Mohandoss, District Judge (Retd) Mr.Karthick Ranganathan C.M.A.No.23 of 2016 [Appeal against the judgment and decree passed on 31.07.2015 in MCOP.No.3489 of 2012 on the file of the Motor Accidents Claims Tribunal (V Judge, Court of Small Causes), Chenai.

The Oriental Insurance Co.Ltd, Motor Third Party Claims Hub, Oriental House, 2nd floor, No.216, Prakasam Salai, Broadway, Chennai - 600 001.

... Appellant Vs.

1. M.Rangasamy

2. M.Elumalai .. Respondents This case was listed for settlement before the Lok Adalat on 14.12.2019. On the same day, the matter was settled. For clarification, the matter is listed today before the Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr.Elveera Ravindran, and learned counsel for the 1st respondent Mr.N.M.Muthurajan 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.8,98,200/- with interest at 7.5% per annum. It is represented by the learned counsel for the appellant that a sum of Rs.11,09,114/- (with accrued interest) has already been deposited before the Tribunal. It is also represented that the 1st respondent/claimant has withdrawn 50% of the deposited amount.

2. Aggrieved over the award of the Tribunal, the appellant/Insurance Company has preferred the present appeal. Now, both the parties have agreed for a refund of Rs.2,00,000/- to the appellant / Insurance Company from the amount already deposited before the Tribunal.

3. The claimant/ 1st respondent is entitled to withdraw the balance amount together with accrued interest. The appellant/Insurance company is permitted to withdraw a sum of Rs.2,00,000/-.

4. The Tribunal is directed to issue the cheques to the parties 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. The Oriental Insurance Co.Ltd, Motor Third Party Claims Hub, Oriental House, 2nd floor, No.216, Prakasam Salai, Broadway, Chennai - 600 001.

Counsel for the Appellant M.Rangasamy Counsel for the 1st 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.

Judge Member Member To The parties/Advocate concerned

Copy to:

1.The Motor Accidents Claims Tribunal/ the V Judge, Court of Small Causes 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. vum/jen

C.SARAVANAN,J.

jen C.M.A.No.23 of 2016 08.02.2020