Madras High CourtCMA/2731/2016settled before the lokadalats

The Diviional Manager National v. Minor Vishal S/O Veerappan

2017-04-26Honourable Mr Justice K. Swamidurai(Lok-I)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Wednesday, the 26th day of April 2017 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE K.SWAMIDURAI (Retd.) and Members Mr.J.D. Rukmangathan Mrs. Sredevi C.M.A No.2731 of 2016 & C.M.P 19696 of 2016 (Appeal against the Judgment and Decree dated 15.06.2016 passed in M.A.C.T.O.P.No. 769 of 2013 on the file of the Motor Accidents Claims Tribunal (Special Subordinate Judges Court) Cuddalore.

The Divisional Manager, National Insurance Co Ltd, Divisional Office, Jawaharlal Nehru Street, Pondicherry- 605 001.

Now by National Ins. Co. Ltd, Motor third Party Claims Hub, 3rd Floor, No. 46, Moore Street, Chennai- 600 001 ... Appellant/2nd Respondent Vs.

1.Minor Vishal Minor Respresented by his mother and next Friend and Guardian Mrs. Rasathi.

..Respondents/Petitioner

2. K. Vijayakumar (exparte before the Tribunal) ..Respondents This case came up for settlement before the Lok Adalat. Both parties are present. M/s. P. Sankarannarayanan the learned counsel for the Appellant is present. Mr.P.Elayaperumal the learned counsel for the respondent is present. After mutual discussion, negotiation, 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.3,48,846/- (Rupees Three Lakhs Forty Eight Thousand and Eight Hundred Forty Six Only) with interest at 7.5% per annum from the date of petition till the date of deposit and costs as compensation.

2. Not satisfied with the award of the Tribunal, the appellant/Insurance Company has preferred the present appeal. Now, both the parties have agreed to modify the award to a sum of Rs.2,40,000/- (Rupees Two Lakhs Forty Thousand only) with interest. It is represented by the appellant/Insurance Company that they have already deposited a sum of Rs. 25,000/- (Rupees Twenty Five thousand only) before the Tribunal. Balance amount is to be deposited within a period of six weeks.

3. The first respondent / Claimant is entitled to the above said modified award amount The share of the minor respondent shall be deposited in anyone of the nationalised bank. The first respondent on attaining the age of majority, is permitted to withdraw his share on production of age proof certificate before the Tribunal. The Award is passed accordingly. 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. Connected Miscellaneous petition is closed.

Sd/- The Divisional Manager, National Insurance Co Ltd, Divisional Office, Jawaharlal Nehru Street, Pondicherry- 605 001.

Now by National Ins. Co. Ltd, Motor third Party Claims Hub, 3rd Floor, No. 46, Moore Street, Sd/- Chennai- 600 001.

Counsel for the Appellant Sd/- 1.Minor Vishal Minor Respresented by his mother and next Friend and Guardian Sd/- Mrs. Rasathi Counsel for the Respondent 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.

Sd/- Judge Sd/- Sd/- Member Member Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal (Special Subordinate Judges Court)Cuddalore.

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.

C.M.A.No.2731 of 2016 & C.M.P 19696 of 2016 MG(CO) VR(15/5/2017)