Dm.The New India Assurance Co Ltd v. Sarala
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Thursday, the 25th day of November, 2021 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE M.VIJAYARAGHAVAN (Retd) and Member Mr.A.Selvadoss, District Judge C.M.A.No.1659 of 2021 (Appeal against the judgment and decree dated 10.12.2020 made in M.A.C.T.O.P.No.2488 of 2015 on the file of the Motor Accidents Claims Tribunal, (Special Subordinate Judge, Cuddalore) D.M.The New India Assurance Company Limited, Arcot Woodlands Complex, Bharathi Road, Cuddalore .. Appellant Vs.
1. Sarala
2. Yogavardhani
3. Vinithravardhani
4. Balasundaram
5. The Managing Director, KSRTC Central Office, Bangalore .. Respondent This case came up for settlement before the Lok Adalat. Both the parties are present. Mr.M.Krishnanoorthy, Counsel for the appellant and Ms.Ramya Rao, Counsel for respondents 1 to 4 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.1,89,70,950/- with interest at 7.5% per annum from the date of filing of the petition till the date of deposit and costs as compensation. Aggrieved by the award of the Tribunal, the appellant / New India Assurance Company had preferred the present appeal.
It is represented by the appellant / Assurance Company that they had already deposited a sum of Rs.25,000/- for filing the appeal and Rs.1,40,00,000/- with interest and costs totalling Rs.1,92,37,175/- as per the Interim stay order of the High Court before the Tribunal.
2. After due deliberation and consultation, both the parties have agreed to modify the award to a sum of Rs.1,50,00,000/- (Rupees One Crore Fifty Lakhs only ) along with interest at 7.5% per annum from the date of petition till the date of deposit and proportionate costs as compensation.
3. The appellant / The New India Assurance Company Limited has already deposited Rs.1,40,00,000/- with interest @ 7.5% p.a. from the date of filing claim petition and proportionate costs. Now The New India Assurance Company has agreed to deposit the balance amount of Rs.10,00,000/- with interest @ 7.5% p.a. and proportionate costs within a period of six weeks from the date of receipt of a copy of this order.
4. On such deposit, the respondents 1 to 4 / claimants are permitted to withdraw the above said modified award amount in the same ratio as apportioned by the Tribunal without filing any formal petition before the Tribunal. Award is passed accordingly.
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, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. The connected miscellaneous petition is closed, if any.
Sd/- D.M.The New India Assurance Company Limited, Arcot Woodlands Complex, Bharathi Road, Cuddalore Sd/- Counsel for Appellant Sd/-
1. Sarala Sd/-
2. Yogavardhani Sd/-
3. Vinithravardhani Sd/- Sd/-
4. Balasundaram 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.
Sd/- Sd/- Judge Member Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar adl To:
The parties/Advocate concerned Copy to:
1.The Motor Accidents Claims Tribunal, (Special Subordinate 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.+2 copies C.M.A.No.1659 of 2021 RSV(CO) SB(08/12/2021)