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Madras High CourtCMA/838/2025disposed of

The Oriental Insurance Co Ltd v. K Ramu

2025-09-13Honourable Mr.Justice N.Senthilkumar4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th day of September 2025 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE N.SENTHILKUMAR and Members Mr.M.Sambasivam , District Judge (Retd.) Mr.V.Kumaravelan, Advocate.

C.M.A.No.838 of 2025 and Cross-Objection No.30 of 2025 (Appeal against the judgment and decree passed on 27.06.2024 made in M.C.O.P.No.5811 of 2013 on file of the Motor Accidents Claims Tribunal, (VISmall Causes Court).) CMA.No.838 of 2025:

The Oriental Insurance Co-Ltd., No.115/216, Prakasam Salai, Broadway, Chennai - 1.

... Appellant

Versus

1.K. Ramu

2. J. Kamala ... Respondents (set ex parte before the Lower Court) Cross-Objection No.30 of 2025:

K.Ramu ... Cross Objector

Versus

1.The Oriental Insurance Co-Ltd., No.115/216, Prakasam Salai, Broadway, Chennai - 1.

2. J. Kamala ... Respondents

This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the Appellant Mr. S. Senthilkumar, and M/s. Amar D. Pandiya, the learned counsel for the first respondent are present. No appearance for the second respondent. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows: TERMS OF SETTLEMENT Both side contesting parties and their respective counsel are present. 2.

As against the award of the Trial Court awarding a sum of Rs.13,21,100/- (Rupees Thirteem Lakhs Twenty One Thousand One Hundred only) with further interest at the rate of 7.5% per annum, this appeal has been preferred.

3.

In view of the discussion by both parties, now they have agreed to settle the claim for a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) along with accrued interest from the date of claim petition till the date of deposit, less the amount, if any, already deposited by the insurance company. 4.

The Insurance Company shall deposit the remaining amount along with interest as on the date of deposit, within a period of four (4) weeks from the date of receipt of a copy of this order. On such deposit, the claimant shall be entitled to withdraw the entire amount.

5.

The Tribunal is directed to follow the usual mode of payment on proper identification of the party concerned in accordance with the terms of the award without insisting on any formal permission petition. 6.

In view of the same, the Civil Miscellaneous Appeal is partly allowed. Consequently, the connected miscellaneous petition is closed, if any. Accordingly, the Cross-Objection is also closed. The Oriental Insurance Co-Ltd., No.115/216, Prakasam Salai, Broadway, Chennai - 1.

Counsel for the Appellant 1.K. Ramu Counsel for first respondent This National 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

N.SENTHILKUMAR, J.

klt To The parties/Advocate concerned Copy to:

1.The Motor Accident Claims Tribunal, (VI-Small Causes Court), Chennai. 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.838 of 2025 and Cross Objection No.30 of 2025 13.09.2025