The Oriental Insurance v. K. Jayaraman

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Monday, the 27st day of March 2017 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE S.K.KRISHNAN(Retd.) and Members Mr.S.Manoharan Mrs.P.Prasanna C.M.A.No.557 of 2016 (Against the award and decree passed on 25.06.2015 made in M.C.O.P.No.2011 of 2011 , on the file of the Motor Accident Claims Tribunal, VI Court of Small Causes, Chennai) The Divisional Manager, Oriental Insurance Company Ltd., 216, Prakasam Salai, Broadway, Chennai-600 108 .... Appellant/Respondent-2 Vs.

1.K.Jayaraman S/o.Kuppusamy, ... Respondent-1/Petitioner 2.P.A.Michael (second respondent was set ex-party before the Tribunal) ...2nd Respondent/Respondent-1 This case came up for settlement before the Lok Adalat. Both parties are present. The learned counsel for the appellant Mrs.R.Srividhya and the learned counsel for the respondent Mr.T.Ramesh 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 The Tribunal has awarded a sum of Rs.5,32,600/- with interest at 7.5% per annum as compensation as from the date of application till the date of realisation. Aggrieved by the award of the Tribunal, the appellant/Insurance company had

preferred the present appeal. The appellant/Insurance Company official reported that they had already deposited entire award amount along with interest and cost before the Tribunal.

2. After due deliberation and consultation, both the parties have agreed to modify the award to a sum of Rs.3,10,600/- (Rupees Three Lakhs Ten Thousand and six hundred only) interest 7.5% and cost as compensation.

3. The appellant/Insurance Company is deposited the entire amount, claimant/respondent-I permitted to withdraw the modified award amount without filing any formal petition before the Tribunal. The Award is passed accordingly.

4. The appellant/Insurance Company is permitted to withdraw the balance amount with proportionate interest. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently connected the Miscellaneous Petition is closed. sdThe Divisional Manager, Oriental Insurance Company Ltd., 216, Prakasam Salai, Broadway, -sdChennai-600 108.

Counsel for the Appellant sdK.Jayaraman sdCounsel for the Respondent-1 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.

sdJudge sdsd- Member Member Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar

To The parties/Advocate concerned Copy to 1.The Motor Accidents Claims Tribunal, VI Court of Small Causes, 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.+2 copies C.M.A.No.557 of 2016 NM(CO) GN(21/04/2017)