The Regional Manager, Relance General Ins., Co., Ltd.Chennai v. Karpagam
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 11th day of March, 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mrs.Justice R.KALAIMATHI and Members Mr.M.Sambasivam, District Judge (Retd) Mr.Sai Srujan TAYI, Advocate C.M.A.No.1432 of 2018 Appeal against the Judgment and decree in M.C.O.P.No.118 of 2014 dated 19.09.2017 on the file of the Motor Accident Claims Tribunal, Principal District Judge, Chengalpattu, Kanchipuram District. The Regional Manager, M/s.Reliance General Insurance Co. Ltd., Third Party Claims Office, No.2054, Rai's Tower, 2nd Floor, 2nd Avenue, Anna Nagar, Chennai-600 040.
...Appellant Vs.
1.Karpagam 2.Sadasivam 3.Amsavalli
...Respondents
This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.S.Arunkumar, learned counsel for appellant and Mr.M.Sivakumar, learned counsel for the respondents 1 and 2 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.12,00,000/- with interest at 7.5% per annum from the date of numbering of petition till the date of realisation as compensation. Aggrieved by the award of the Tribunal, the appellant had preferred the present appeal.
2. After due deliberation and consultation, both the parties have agreed to modify the award to a sum of Rs.14,50,000/- (Rupees Fourteen Lakhs and Fifty Thousand only) in full quit (including interest) as compensation.
3. The Appellant / Insurance Company is directed to deposit the above said accepted award amount of Rs.14,50,000/- (Rupees Fourteen Lakhs and Fifty Thousand only) in full quit (including interest) as compensation, 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. If the payment has not been made within the time stipulated, the appellant is directed to pay the amount along with the interest at the rate of 7.5% p.a., till the date of realisation.
4. On such deposit, the Respondents 1 and 2 / Claimants are permitted to withdraw the modified amount as apportioned by the Tribunal without filing any formal petition.
5. The Tribunal is directed to transfer the amount through RTGS/NEFT to the parties concerned on proper identification in accordance with the terms of the award, with out insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly.
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. The Regional Manager, M/s.Reliance General Insurance Co. Ltd., Third Party Claims Office, No.2054, Rai's Tower, 2nd Floor, 2nd Avenue, Anna Nagar, Chennai-600 040.
Counsel for the Appellant 1.Karpagam 2.Sadasivam Counsel for the Respondents Judge Member Member
R.KALAIMATHI,J., ssn To:
The parties/Advocate concerned Copy to:
1.The Motor Accident Claims Tribunal, Principal District Judge, Chengalpattu, Kanchipuram District.
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 ssn C.M.A.No.1432 of 2018 11.03.2023