The Branch Manager v. R.Sridhar

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Sunday the 26th day of June 2022 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable Mr.JUSTICE MOHAMMED SHAFFIQ and Members:

1.Mr.M.Sambasivam

2. Mrs.V.Nalini C.M.A.No.653 of 2021 (Appeal against the Judgment and decree made in M.C.O.P.No.31 of 2019, dated 09.10.2020, on the file of the Motor Accidents Claims Tribunal, Special Subordinate Court, Krishnagiri.) The Branch Manager IFFCO Tokio General Insurance Company Limited, Branch Office, Salem - 636 004.

... Appellant Vs.

1. R.Sridhar, S/o. Rajendran No.52/1, Bengali Street, Pazhayapettai, Krishnagiri Town and Circle.

2. K.Ravi, S/o. Karuppanna Gounder, No.9/251, Sekkankadi Village, Kuppanoor Post, Sankari Circle, Salem District.

.. Respondents

With the consent of both the parties, this case is taken up for settlement before this Lok Adalat. Both the parties are present. Mr. M.B.Raghavan, learned counsel for appellant and Mr.C.Prabhakaran and Mr.M.Sivakumar learned counsel for the first respondent, who have also filed vakalat today and Mrs.G.Baby (Legal Officer for the first Respondent) are present. With regard to the second respondent, he is not pressing this appeal. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter. TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.6,35,421/- with interest at the rate of 7.5% per annum from the date of petition till the date of deposit of the award amount. Aggrieved by the said award, the appellant has preferred the present appeal.

2. After due deliberation and consultation, both the parties have agreed for an amount of Rs.5,80,000/- (Five Lakhs and Eighty Thousand Only) with interest at 7.5% towards full and final settlement of all claims of the respondent.

3.The Appellant/ Insurance Company is directed to deposit the above said amount of Rs.5,80,000/-with interest at the rate of 7.5% per annum from the date of petition till the date of deposit of the award amount after deducting the amount already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this award. On such deposit, the claimant is permitted to withdraw the modified award amount, less the amount already withdrawn by him, without filing any formal petition. Award is modified accordingly.

4. Accordingly, the Tribunal is directed to transfer the amount through RTGS/NEFT to the parties on proper identification in accordance with the terms of the award, without insisting on any formal petition. The Award is passed accordingly.

The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, the connected MP, if any, is closed. The Branch Manager IFFCO Tokio General Insurance Company Limited, Branch Office, Salem - 636 004.

Counsel for Appellant

1. R.Sridhar, S/o. Rajendran No.52/1, Bengali Street, Pazhayapettai, Krishnagiri Town and Circle.

2. K.Ravi, S/o. Karuppanna Gounder, No.9/251, Sekkankadi Village, Kuppanoor Post, Sankari Circle, Salem District.

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.Motor Accidents Claims Tribunal, Special Subordinate Court, Krishnagiri. 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 rgi

MOHAMMED SHAFFIQ., J rgi C.M.A.No.653 of 2021 26.06.2022