The Branch Manager, National Insurance Co. Ltd. v. Mariyammal
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organized by the High Court Legal Services Committee Saturday, the 14th December, 2019 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable Mr.JUSTICE P.RAJAMANICKAM and Members:
Mr.G.Dhanaraj Mr.V. Shanmugasundaram C.M.A.No.3760 of 2019 (Appeal against the Judgment and decree passed on 14.09.2018 in M.C.O.P.No.243 of 2016 on the file of the Motor Accidents Claims Tribunal, Additional District Judge, Hosur) The Branch Manager, National insurance Co. Ltd., S.R.Complex, Rajamani Thottam, Salem-Bhavani Main Road, Salem District, C/o. The Divisional Manager, National Insurance Co.Ltd., Divisional Office, No.9, Infantry Road, Near Alankar Theatre, Vellore-632 002.
... Appellant /2nd Respondent Vs.
1.Mariyammal 2.Rajkumar
3. Ambika 4.N. Rathinam
...Respondents
(R4 set exparte before Tribunal)
Though this case has not been listed today in the cause-list before the National Lok Adalat, since it is represented that the parties are willing for settlement, this case is taken up for final disposal. Both the parties are present. Mr.S.Arun Kumar, the learned counsel for the appellant and Mr.Mukund R. Pandiyan, the learned counsel for the respondents are present. After discussion and negotiation, the matter is settled as follows: TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.30,20,027/- with interest at the rate of 7.5% per annum from the date of petition till the date of deposit and costs as compensation. Challenging the quantum of compensation, the appellant/Insurance Company has preferred the present appeal.
2. After due deliberation and consultation, both the parties have agreed to modify the award amount to the tune of Rs.27,00,000/- (Rupees Twenty Seven Lakhs Only) with proportionate interest of 7.5% per annum from the date of petition till the date of deposit, and the award is accordingly modified.
3. In view of the above, the appellant/Insurance Company is directed to deposit the modified award amount, after deducting the amount already deposited, if any, within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the respondents 1 to 3 /claimants 1 to 3 are entitled to withdraw the same.
4. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, connected Miscellaneous Petition is closed, if any. The Branch Manager, National insurance Co. Ltd., S.R.Complex, Rajamani Thottam, Salem-Bhavani Main Road, Salem District, C/o. The Divisional Manager, National Insurance Co.Ltd., Divisional Office, No.9, Infantry Road, Near Alankar Theatre, Vellore-632 002 Counsel for the Appellant 1.Mariyammal 2.Rajkumar
3. Ambika Counsel for the respondents This National 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
P.RAJAMANICKAM, J.
sbn/gv To:The parties/Advocate concerned Copy to:
1.The Motor Accidents Claims Tribunal, Additional District Judge, Hosur. 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. C.M.A.No.3760 of 2019 14.12.2019