Madras High CourtCMA/974/2016settled before the lokadalats

Tata Aig General Insurance v. Mr. Kathivelsamy

2017-04-03Honourable Mr Justice K. Swamidurai(Lok-I)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Monday, the 3rd day of April 2017 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE K. SWAMIDURAI(Retd.) and Members Mr.R.Paranjothi (Dist.Judge Rtd.,) Mrs.V.Usharani C.M.A.No.974 of 2016 & C.M.P.No.20773 of 2016 & C.M.P.No.7422 of 2016 (Against the award and decree passed on 3.9.2015 made in M.C.O.P.No.417 of 2013, on the file of the Motor Accidents Claims Tribunal, I Additional District Court, Tiruppur.) TATA AIG General Insurance Company Limited, Office at SKI Retail Capital Limited, No.344, Ist Floor, Trichy Road, Ramanathapuram, Coimbatore. ..Appellant /3rd Respondent Vs.

1.Mr.Karthivelsamy

2. Shanmugam

3. Karthik Prabhu ..Respondents This case came up for settlement before the Lok Adalat. Both parties are present. The learned counsel for the appellant Mr.Manivannan for Mr.N.Vijayaragavan and the learned counsel for the first respondent Mr.Ma.P.Thangavel 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.35,40,200/-(Rupees thirty five lakhs forty thousand and two hundred only) with interest at 7.5% per annum as compensation from the date of application till the date of realisation. Aggrieved by the

award of the Tribunal, the appellant / Insurance Company has preferred the present appeal.

2. After due deliberation and consultation, both the parties have agreed to modify the award to a sum of Rs.41,00,000/- (Rupees Forty one Lakhs only) in full quit as compensation.

3. The appellant/Insurance company official reported that they had already deposited Rs.6,00,000/- (Rupees Six lakhs only) before the Tribunal. Balance amount to be deposited within a period of six weeks. Out of the deposited amount, the first respondent/claimant is permitted to withdraw the modified award amount without filing any formal petition before the Tribunal. Award is passed accordingly.

4. The Tribunal is directed to make fund transfer to the party concerned on proper identification in accordance with the terms of the award, without insisting on any formal petition. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently connected the Miscellaneous Petition is closed. Sd/- TATA AIG General Insurance Company Limited, Office at SKI Retail Capital Limited, No.344, Ist Floor, Trichy Road, Ramanathapuram, Coimbatore.

Sd/- Counsel for the Appellant LTI Mr. Kathirvelsamy Sd/- Counsel for the first Respondent 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.

Sd/- Judge Sd/- Sd/- Member Member Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To The parties/Advocate concerned Copy to 1.The Motor Accidents Claims Tribunal, I Additional District Court, Tiruppur.

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.974 of 2016 & C.M.P.No.20773 of 2016 & C.M.P.No.4722 of 2016 AK(CO) RS(21/04/2017)