Madras High CourtCMA/2161/2017settled before the lokadalats

The National Insurance v. Maheswari

2017-10-24Honourable Mr Justice Malai. Subramanian (Lok-I)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Friday, the 24th day of October, 2017 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE MALAI SUBRAMANIAN (Retd.) and Members Mr.B.Maharajan Mr.T.Charles C.M.A No.2161 of 2017 (Appeal against the Judgment and decree dated 04.11.2016 made in M.C.O.P.No.730 of 2009 on the file of the Motor Accident Claims Tribunal, Chief Judge, Court of Small Causes, Chennai) at Chennai. The National Insurance Company Limited, Khivaraj Mansion, 2nd Floor, No.738, Anna Salai, Chennai-600 002.

... Appellant/2nd Respondent Vs.

1.Maheswari 2.Reslin(Minor) 3.Anu (Minor) 4.Balamma 5.T.Nandakumar Ex-parte before the Tribunal ... Respondents/Petitioners the respondents 2 & 3 are minors represented by their mother and next friend the 1st respondent herein This case is taken up for settlement before Lok Adalat. Both parties are present. M/s.R.Sreevidhya, learned counsel for the appellant and Mr.Ratnamani, learned counsel for respondents 1 to 4 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.17,22,000/- with interest at 7.5% per annum from the date of numbering the petition till the date of deposit.

2.It is represented by the learned counsel for the appellant that the entire award amount has already been deposited before the Tribunal. By compromise both parties agreed for a compensation of Rs.19,65,000/-(Rupees Nineteen lakh sixty five thousand only) in full quit.

3.The appellant / insurance company has already deposited the settled amount along with the interest and cost, i.e., Rs.19,65,000/-(Rupees Nineteen lakh sixty five thousand only). 4.After satisfaction of the agreed award, the balance amount shall be refunded to the appellant. The balance amount agreed award, the 4th respondent shall be entitled to receive a sum of Rs.1lakh (Rupees one lakh only) and a sum of Rs.4,00,000/-(Rupees Four lakhs only) each, shall be deposited in a Nationalised Bank in reinvestment scheme in the name of the respondents 2 and 3 till they attain majority. The balance amount of Rs.10,65,000/-(Rupees Ten lakh sixty five thousands only) shall be received by the first respondent/wife.

5.The Tribunal is directed to issue the cheque to the party concerned on proper identification in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. Sd/- 1.Maheswari

2. Raslin(Minor)

3. Anu (Minor)

4. Balamma

5. T.Nandakumar Sd/- Ex-parte before the Tribunal Counsel for the Respondent The National Insurance Company Limited, Khivaraj Mansion, 2nd Floor, No.738, Anna Salai, Sd/- Chennai-600 002.

Counsel for the Appellant 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 CourtFees 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.

Sd/- Judge Sd/- Sd/- Member Member To: The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal,Chennai. (The Chief Judge, 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 GP(CO) sm:30.11.2017 C.M.A No.2161 of 2017