Madras High CourtCMA/445/2016settled before the lokadalats

Reliance General Insurance Co v. M.Suresh

2019-09-14Honourable Mrs Justice V.Bhavani Subbaroyan3 pages

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.445 of 2016 (Appeal against the award and decree passed on 11.06.2015 made in MCOP.No.385 of 2010 on the file of the Motor Accident Claims Tribunal, II Additional Subordinate Judge, Cuddalore.) Reliance General Insurance Co. Ltd., No.6, Haddows Road, Reliance House, 6th Floor, Nungambakkam, Chennai-600 006.

.. Appellant -vs1.M.Suresh, S/o.Mani 2.S.Chandrasekaran, S/o.Singaram (Set exparte before the Tribunal) 3.Cholamandalam M.S.General Insurance Co., Ltd., Rashmi Tower, 2nd Floor, No.1, Village Road, Nungambakkam, Chennai-600 034.

.. Respondents This case case came up for settlement before the Lok Adalat. Both the parties are present. Mr.S.Arun Kumar, 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 award and decree dated 11.06.2015, made in MCOP.No.385 of 2010 on the file of the Motor Accident Claims Tribunal, II Additional Subordinate Judge, Cuddalore, claiming a sum of Rs.25,00,000/- as compensation.

The appellant represented by their counsel assisted by its Manager; and the respondents represented by their counsel are present today.

The Tribunal has awarded a sum of Rs.22,78,000/- with interest

as compensation and 50% of the amount has already been deposited by the insurance company with accrued interest. After great deliberation and discussion, both the parties compromised the disputed claims, as per which, the claimant is entitled to receive the said deposited amount together with Rs.5,10,695/- (Rupees Five Lakhs Ten Thousand Six Hundred and Ninety Five only) towards full and final quit of claim.

4. Accordingly, the appellant/Insurance Company is directed to deposit a further sum of Rs.5,10,695/- (Rupees Five Lakhs Ten Thousand Six Hundred and Ninety Five only) as stated above. The claimant is permitted to withdraw the same together with said already deposited amount. No order as to costs.

5. This Civil Miscellaneous Appeal is disposed of accordingly. No costs. Reliance General Insurance Co. Ltd., No.6, Haddows Road, Reliance House, 6th Floor, Nungambakkam, Chennai-600 006.

Counsel for the Appellant M.Suresh/Claimant Counsel for the respondents 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, II Additional 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.

raja C.M.A.No.445 of 2016 14.09.2019