United India Insurance Co. Ltd v. Sebastin Paul Arokiam

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 8th day of February 2020 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE C.V.KARTHIKEYAN and Members Mrs.G.Maragatham, Sub Judge (Retd.,) Mr.N.Nanmaran C.M.A.No.1192 of 2018 (Appeal against the judgment and decree dated 12.12.2017 made in M.C.O.P.No.295 of 2016 on the file of the Motor Accidents Claims Tribunal (Principal Sub Court), Cuddalore.) United India Insurance Company Ltd., DO, 13A, Nethaji Road, Cuddalore - 607 001.

..Appellant /vs/ 1.Sebastin Paul Arokiam 2.Sathish Kumar ..Respondents This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.D.Baskaran, learned counsel for appellant and Ms.Ramya Rao, 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 The appeal has been filed against award of Rs.19,77,577/- along with interest at the rate of 7.5% per annum and cost in M.C.O.P.No.295 of 2016 on the file of the Motor Accidents Claims Tribunal, Principal Sub Court), Cuddalore.

2. The respective parties have agreed to settle for the amount already deposited. It has been agreed that the Insurance Company will be entitled for a refund of Rs.7,40,000/- in full quit. The claimants are entitled to withdraw the balance amount along with the entire accured interest.

3. The claimant is permitted to withdraw the entire agreed amount, by filing an appropriate application before the Tribunal concerned and the payment is to be made through RTGS. Accordingly, this Civil Miscellaneous Appeal is disposed of. Consequently, connected miscellaneous petitions are closed, if any.

United India Insurance Company Ltd., DO, 13A, Nethaji Road, Cuddalore - 607 001.

Counsel for the Appellant 1.Sebastin Paul Arokiam 2.Sathish Kumar Counsel for the respondents This Lok Adalat award is passed in terms of the above settlement. The full Court fee paid shall be refunded to the appellant in the manner provided under Section 69-A of the Tamil Nadu Court-Fees and Suits Valuation Act, 1955 and 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 Accidents Claims Tribunal (Principal Sub Court), 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.+2 copies

C.V.KARTHIKEYAN.J., ms C.M.A.No.1192 of 2018 08.02.2020