T.Muniyammal v. M.Manimaran
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday the 14th day of September 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by THE HONOURABLE Mr.JUSTICE K. GNANAPRAKASAM (RETD.) and Members:
1.Mr.S. Baskaran (Retd., DJ) 2.Ms.Jemmy Vasanth C.M.A. No. 813 of 2024 (Civil Miscellaneous Appeal is filed against the order dated 16.11.2023 made in MCOP No.4890 of 2021 on the file of Motor Accident Claims Tribunal, IV Small Causes Court, Chennai) 1.T.Muniyammal 2.T.Ramesh 3.V.Rajeshwari 4.Chinnakuzhanthai ... Appellants Vs.
1.Manimaran 2.ICICI Lombard General Insurance Company Ltd., No.84 & 85, Arihand Plaza, First Floor, Walltax Road, Chennai - 600 003.
... 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. S. Ravikumar learned counsel for appellants and Mr.R.V. Sivaraj, learned counsel for the second respondent is 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.12,83,700/- with interest at the rate of 7.5% per annum from the date of petition till the date of realization. Aggrieved by the said award, the appellants have preferred the present appeal.
2. After due deliberation and consultation, both the parties agreed that the second respondent/ICICI Lombard General Insurance Company Ltd., had already deposited the amount, as awarded by the Tribunal and the same has already been withdrawn by the appellants /claimants. Now the second respondent/ICICI Lombard General Insurance Company Ltd., has agreed to pay a sum of Rs.2,60,000/- over and above the Tribunal's award amount. However, the ICICI Lombard General Insurance Company Ltd., has
agreed to pay the said sum of Rs.2,60,000/- as full quit. The ICICI Lombard General Insurance Company Ltd., is directed to deposit the said amount of Rs.2,60,000/-. On such deposit, the claimants are permitted to withdraw the said amount of Rs.2,60,000/-, and it shall be deposited as per the tribunal's apportionment in any one of the Nationalised Bank, 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.4890 of 2021, on the file of the Motor Accident Claims Tribunal, IV Small Causes Court, Chennai. On such deposit being made, the appellants / claimants are permitted to withdraw the amount on filing proper applications.
3. The Tribunal is directed to issue the cheque to the parties on proper identification in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly.
1.T.Muniyammal 2.T.Ramesh 3.V.Rajeshwari 4.Chinnakuzhanthai Counsel for Appellant ICICI Lombard General Insurance Co., Ltd., No.84 & 85, Arihand Plaza, First Floor, Walltax Road, Chennai - 600 003. Counsel for Second Respondent 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, IV Court of Small Causes, Chennai. 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 at/ham
K. GNANAPRAKASAM, J. (RETD.) at/ham C.M.A. No. 813 of 2024 14.09.2024