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Madras High CourtCMA/3695/2013settled before the lokadalats

The Divisional Manager v. Mr. A. Sashti Kumar @

2019-03-09Honourable Mr Justice R. Mahadevan3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 9th day of March, 2019 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE R.MAHADEVAN and Members Mr. N.Ramachandran Mr. N.Dhanasekaran C.M.A. No.3695 of 2013 (Appeal against the award and decree passed on 20.09.2012 in M.C.O.P.No.210 of 2009 on the file of the Motor Accidents Claims Tribunal (Subordinate Judge) at Vellore District.) The Divisional Manager M/s.New India Assurance Co.Ltd.

Vellore-1.

.. Appellant Vs.

1.A.Sashti Kumar @ Sasikumar 2.Ramarajan 3.K.Rajesh 4.The Divisional Manager M/s.United India Insurance Co.Ltd.

Katpadi Road, Vellore-4.

..Respondents This case came up for settlement before the Lok Adalat. The learned counsel for the appellant, Mr.J.Chandran is present. TERMS OF SETTLEMENT The learned counsel for the appellant Insurance Company has submitted that he may be permitted to withdraw the appeal. He has also made an endorsement to that effect.

2.In view of the endorsement so made by the learned counsel for the appellant Insurance Company, the Civil Miscellaneous Appeal is dismissed as withdrawn. In view of the same, the award passed in M.C.O.P.No.210 of 2009 on the file of the Motor Accidents Claims Tribunal (Subordinate Judge) at Vellore District at Rs.1,12,781/- (Rupees One Lakh Twelve Thousand Seven Hundred and Eighty One Only) with interest at the rate of 7.5% per

annum from the date of filing of claim petition is confirmed. The appellant Insurance Company is directed to deposit the said sum of Rs.1,12,781/- (Rupees One Lakh Twelve Thousand Seven Hundred and Eighty One Only) with interest at the rate of 7.5% per annum, less the amount if any already deposited, to the credit of MCOP No.210 of 2009 within a period of six weeks from today. On such deposit, the first respondent / claimant is permitted to withdraw the entire amount. Award is passed accordingly. 3.The Tribunal is directed to transfer the said compensation amount to the claimant, on proper identification through RTGS in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. J.

Chandran Counsel for the Appellant 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.

1.Motor Accidents Claims Tribunal(Subordinate Judge) at Vellore 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 KM

R.MAHADEVAN, J., KM C.M.A. No.3695 of 2013 09.03.2019