Relliance General Co. Ltd, v. Masilamani, (Died)*,
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th September, 2019 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided by The Hon'ble Mrs.JUSTICE V. BHAVANI SUBBAROYAN and Members Mr.V.Paul Das Mr.Narayanamoorthy, Advocate C.M.A.No.2790 of 2016 and C.M.P.No.20247 of 2016 in M.C.O.P.No.2673 of 2013 (Appeal against the Judgment and Decree passed on 15.04.2016, made in MCOP.No.2673 of 2013 on the file of the Motor Accident Claims Tribunal, 1st Additional Sub Judge, Cuddalore.) Reliance General Insurance Co., Ltd., Royar's Towers, 2nd Floor, 2nd Avenue, Annanagar, Chennai .. Appellant Vs.
1. Masilamani (died)
2. V.Palaniyappan (set ex-parte before the Tribunal)
3. Nagarajan
4. Nagalakshmi (R3 and R4 impleaded as Legal Heirs of deceased first respondent vide order dated 14.07.2017 made in C.M.P.No,6405 of 2017 by RPSJ and ADJCJ) .. Respondents This case came up for settlement before the Lok Adalat. Both the parties are present. Mr.S.Arunkumar, learned counsel for the appellant and Mr.R.Sreedhar, learned counsel for the respondents 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 This Appeal has been filed against the judgment and decree dated 15.04.2016, made in MCOP.No.2673 of 2013 on the file of the Motor Accident Claims Tribunal, 1st Additional Sub Judge, Cuddalore, claiming a sum of Rs.30,00,000/- as compensation.
2.The appellant represented by their counsel assisted by its Manager; and the respondents represented by their counsel are present today.
3. The Tribunal has awarded a sum of Rs.37,51,640/- as compensation, in which, the insurance company has already deposited the said amount along with interest. After great deliberation and discussion, both the parties compromised/settled the disputed claim at Rs.40,77,577/- (Rupees Forty Lakhs Seventy Seven Thousand Five Hundred and Seventy Seven only) with accrued bank interest, if any.
4. It is represented that the amount has already been deposited by the Insurance Company and therefore, out of the deposited amount, the claimants are entitled to Rs.40,77,577/- with accrued bank interest. The third respondent, namely, Nagarajan and the fourth respondent, namely, Nagalakshmi are entitled to in the ratio of 60 : 40 respectively and they are entitled to withdraw the same by filing formal application. The remaining amount, if any, shall be withdrawn by the insurance company. No order as to costs.
5. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, connected miscellaneous petition is closed. No costs. Reliance General Insurance Co., Ltd., Royar's Towers, 2nd Floor, 2nd Avenue, Annanagar, Chennai.
Counsel for the Appellant Nagarajan Nagalakshmi Counsel for respondent Nos.3 & 4 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 Accident Claims Tribunal, 1st Subordinate Judge, 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.
V.BHAVANI SUBBAROYAN, J.
(ssd) C.M.A.No.2790 of 2016 & C.M.P.No.20247 of 2016 in M.C.O.P.No.2673 of 2013 14.09.2019