National Ins. Co. Ltd v. Dhanalakshmi

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 9th day of December 2017 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.M.SUBRAMANIAM and Members Mr.R.Jayaratchakan Mr.V.Kumaravelan C.M.A.No.2455 of 2015 (Appeal against the judgment and decree passed on 29.03.2011 in M.C.O.P.No.768 of 2009 on the file of the Motor Accidents Claims Tribunal (Additional District Judge No.I, Tiruppur) 1.National Insurance Company Ltd., Having Office at 1670, Kaveri Complex, Trichy Road, Ramanathapuram, Coimbatore.

2.National Insurance Company Ltd., Having Office at Erode, 11, 1271-1273, Palaniyappa Compex, Mettur Road, Erode.

..Appellants /vs/ 1.Dhanalakshmi 2.Minor Jenaga Nandhini rep. by her mother Dhanalakshmi as next friend and natural guardian and the said Dhanalakshmi has given power to G.Vasanthamani 3.Arunachalam 4.Subbathal 5.Balakrishnan 6.Kokila ..Respondents This case is taken up for settlement before the Lok Adalat. Both the parties are present. Ms.N.B.Surekha, learned counsel for appellant and Mr.R.Ashok Kumar, learned counsel for the respondents is 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.7,33,500/- with interest at the rate of 7.5% per annum from the date of petition till the date of deposit and costs as compensation. Now the claimants have agreed to settle the claim for Rs.7,30,000/- along with interest at 7.5% per annum from the date of petition till the date of deposit. http://www.judis.nic.in

S.M.SUBRAMANIAM, J.

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2. The appellants have to deposit the agreed amount of Rs.7,30,000/- along with interest at 7.5% per annum from the date of petition till the date of deposit, within a period of six weeks from the date of receipt of this order. The respondent-1, second respondent is a minor, her mother/guardian Tmt.Dhanalakshmi and respondents 3 and 4, all are given power to Tmt.Vasanthamani.

4. The Tribunal is directed to issue the cheques to the parties 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. 1.National Insurance Company Ltd., Having Office at 1670, Kaveri Complex, Trichy Road, Ramanathapuram, Coimbatore.

2.National Insurance Company Ltd., Having Office at Erode, 11, 1271-1273, Palaniyappa Compex, Mettur Road, Erode.

Counsel for the Appellants 1.Dhanalakshmi 2.Minor Jenaga Nandhini rep. by her mother Dhanalakshmi as next friend and natural guardian 3.Arunachalam 4.Subbathal 5.Balakrishnan 6.Kokila Counsel for the Respondents This Lok Adalat award is passed in terms of the above settlement. The full Court fee paid shall be refunded to the appellant in the manner provided under Section 69-A of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955 and 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, Addl. District Court No.I, Tiruppur. 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 C.M.A.No.2455 of 2015 http://www.judis.nic.in