Divisional Manager v. S. Manimegalai
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 10th day of June 2023 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mrs.JUSTICE K.GOVINDARAJAN THILAKAVADI and Members Mr.N.Balasubramanian District Judge (Retd.) Mrs.K.Kavitha Advocate C.M.A.No.614 of 2022 (Appeal against the judgment and decree passed on 26.11.2018 made in M.C.O.P.No.1028 of 2017 on the file of the Motor Accident claims Tribunal(Special Sub Judge, Cuddalore).
Divisional Manager, The National Insurance Co Ltd., DO, 110 JN Street, Puducherry 605 001.
.. Appellant Vs.
1.S.Manimegalai 2.Minor S.Nivetha 3.Minor S.Lakshmipriya 4.Minor Puguzhilavan 5.Subramanian 6.Gandhi
7.A.Manikandan (Minors rep. By mother, guardian, NF S.Manimegalai) .. Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr.S.Vadivel and the learned counsel for the respondents Ms.Ramya V.Rao 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 Both the parties and their respective counsel are present.
2. The Tribunal has awarded a sum of Rs.41,02,000/(Rupees Forty One Lakhs Two Thousand only) with interest at 7.5% p.a. from the date of petition till the date of deposit as compensation.
3. Aggrieved by the award, the appellant/Insurance Company has preferred the present appeal. Now the claimant has agreed to receive a sum of Rs.37,50,000/- (Rupees Thirty Seven Lakhs Fifty thousand only) with 7.5% interest and proportionate cost, which is also acceptable by the appellant/Insurance Company.
4. The Appellant/Insurance Company is directed to deposit the award amount, now ordered after deducting any amount already deposited, within a period of six weeks from the date of receipt of a copy of this order. Award is passed accordingly. On such deposit, the claimants are permitted to withdraw the Award amount as per the apportionment mentioned supra, after deducting the amount already withdrawn by the claimants, if any. The share of the minors shall be deposited in any Nationalized Bank till the minors are attained majority.
5. The Tribunal is directed to issue the award amount through NEFT/RTGS to the party concerned on proper identification in accordance with the terms of the award, without insisting on any formal permission petition. 6.The appeal is ordered accordingly. Consequently, the connected MP, if any, is closed.
Divisional Manager, The National Insurance Co Ltd., DO, 110 JN Street, Puducherry 605 001.
Counsel for the appellant
1.S.Manimegalai 2.Minor S.Nivetha 3.Minor S.Lakshmipriya 4.Minor Puguzhilavan 5.Subramanian 6.Gandhi 7.A.Manikandan (Minors rep. By mother, guardian, NF S.Manimegalai) Counsel for the respondents This National 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. Judge Member Member To
The parties/Advocate concerned Copy to:
1. The Motor Accident claims Tribunal(Special Sub Judge, Cuddalore). 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.
K.GOVINDARAJAN THILAKAVADI, J.
rna C.M.A.No.614 of 2022 10.06.2023