Tmt.Manickam v. The Motor Accident Claims

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.11.2019

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 9061 of 2018

1. Manickam

2. D.Sridhar ... Petitioners -vs1. The Motor Accident Claims Tribunal/ Sub-Court Dharapuram, Tirupur.

2. The National Insurance Company Ltd., Branch Office: Bangalore Road, Krishnagiri, Dharmapuri District.

3. The High Court Legal Services Authority, High Court Building, Chennai - 108. ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Second Respondent to comply with the terms of settlement/Lok Adalat Award dated 16.10.2012 made in C.M.A. No. 250 of 2006 awarded by the Third Respondent within stipulated period to the credit of First Respondent with accrued interest at the rate of 9% per annum till dated of deposit and consequently direct the First Respondent to issue cheque to the Petitioners without insisting for records in MCOP. No. 459 of 1997.

For Petitioners :

Mr. N.S. Sivakumar For Respondents :

Mr. N.B. Surekha for R2 Tribunal for R1

O R D E R

Heard Mr. N.S. Sivakumar, Learned Counsel for the Petitioners and Mr. N.B. Surekha, Learned Counsel for the Second Respondent, and perused the materials placed on record, apart

from the pleadings of the parties.

2.

The Writ Petition has been filed for a direction to the Second Respondent to comply with the terms of settlement/National Lok Adalat Award dated 16.10.2012 in C.M.A. No. 250 of 2006 awarded by the Third Respondent, within stipulated period to the credit of First Respondent with accrued interest at the rate of 9% per annum till date from the date of deposit and for consequential direction to the First Respondent to issue cheque to the Petitioners without insisting for records in M.C.O.P. No. 459 of 1997.

3.

Learned Counsel for the Second Respondent states that in compliance of the award dated 16.10.2019 in C.M.A. No. 250 of 2006 passed by the National Lok Adalat, the sum of Rs.1,00,000/- has been deposited by the Second Respondent and a memo to that effect has been filed, which is recorded. Learned Counsel for the Petitioner acknowledges its receipt. Nothing remains for further consideration in the matter.

4.

Recording the aforesaid subsequent events, the Writ Petition is disposed. The Lower Court shall take necessary steps for making payment in terms of the award dated 16.10.2019 in C.M.A. No. 250 of 2006 passed by the National Lok Adalat in the matter. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar kv To

1. The Motor Accident Claims Tribunal/ Sub-Court Dharapuram, Tirupur.

2. The National Insurance Company Ltd., Branch Office: Bangalore Road, Krishnagiri, Dharmapuri District.

3. The High Court Legal Services Authority, High Court Building, Chennai - 108.

+1cc to Mr. N.B. Surekha, Advocate SR.95395 +1cc to Mr. N.S. Sivakumar, Advocate SR.95246 W.P. No. 9061 of 2018 VGI(CO) CB(09/12/2019)