National Insurance Co.Ltd., v. N. Krisnamoorthy
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 8th June 2024 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE N.SENTHILKUMAR and Members
1. Mr.K.Ramakrishnan District Judge (Retd.)
2. Mrs.S.S.Jothivani Senior Advocate C.M.A.No.940 of 2020 (Appeal against the judgment and decree passed on 26.10.2018 made in M.C.O.P.No.211 of 2017 on the file of the Special District Judge (To deal with MCOP Cases) Erode.
National Insurance Co. Ltd., Having its Branch Office at No.63, Rasi Plaza, West Pradhakshinam Road, Karur - 639 002.
...
Appellant Vs 1.N.Krishnamoorthi 2.A.Dhamotharan 3.P.Palanisamy ...
Respondents This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mrs.R.Sree Vidhya appearing for M/s.S.Vadivel, learned counsel for the Appellant and Mr.S.P.Yuvaraj, learned counsel for the first respondent 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.9,85,200/-, with interest at 7.5% per annum, from the date of petition, till the date of deposit. Aggrieved by the award of the Tribunal, the appellant / Insurance Company had preferred the present appeal.
2. After due deliberation and consultation, both the parties have agreed to modify the award of the Tribunal to a sum of Rs.5,85,000/- (Rupees Five Lakhs Eighty Five Thousand Only) with interest and costs.
3. The appellant / Insurance Corporation is directed to deposit the amount of compensation now arrived at today, less the amount already deposited, if any, within a period of six weeks from the date of receipt of a copy of this order, to the credit of M.C.O.P.No.211 of 2017, on the file of the Special District Judge (To deal with MCOP Cases) Erode. On such deposit being made, the respondents / claimants are permitted to withdraw the amount on filing proper applications.
4. The Tribunal is directed to transfer the above said award amount to the Bank account of the respondent / claimant by way of NEFT / RTGS, on proper identification, in accordance with the terms of the award, without insisting on any formal permission petition.
5. The Civil Miscellaneous Appeal is disposed of accordingly. No costs. Consequently, connected civil miscellaneous petition is closed. Counsel for the Appellant 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
N.SENTHILKUMAR, J.
pam To:The parties/Advocate concerned Copy to:
1.The Special District Judge (To deal with MCOP Cases) Erode. 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.940 of 2020 08.06.2024