The Divisional Manager v. S.Ambika

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 11th day of December 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.JEYAPAUL (Retd.) and Members Mr. K.Ramakrishnan, District Judge (Retd.) Dr. M.Damodaran CMA. No.2687 of 2021 (Appeal against the judgment and decree passed on 06.11.2020 made in M.C.O.P.No.105 of 2016 on the file of the Motor Accidents Claims Tribunal, Subordinate Judge, Madurantakam) The Divisional Manager, National Insurance Company Limited, Motor Third Party Claims HUB, No.752, Anna Salai, 3rd Floor, Chennai -2 .. Appellant Vs.

1.Smt.S.Ambika 2.Smt.K.Sundari 3.Sri.K.Ganesan 4.R.Subramaniyam .. Respondents

This case came up for settlement before the National Lok Adalat. Both parties are present. The learned counsel for the appellants Mr.D.Bhaskaran and Mr.M.Suman, learned counsel for the respondents 1 to 3 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 representatives of the appellant and the respondents 1 to 3 are present.

2. The Tribunal awarded a sum of Rs.24,65,000/- with interest and costs. Now before the Lok Adalat, the matter was settled.

3. The appellant is prepared to pay a sum of Rs.21,65,000/- (Rupees Twenty One Lakhs and Sixty Five Thousand only) with interest at the rate of 7.5% per annum from the date of petition till the date of deposit and the respondents 1 to 3 are also agreed to receive the said amount.

4. In view of the above, the Appeal stands disposed of with a direction to the appellant to deposit a sum of Rs.21,65,000/-, less the amount already deposited, with interest at the rate of 7.5%, deducting the TDS, if any, from the date of petition till the date of deposit. The respondents 1 to 3 are entitled to

withdraw the amount deposited by the appellant from the Tribunal.

5. The first respondent is entitled to receive a sum of Rs.12,65,000/- with interest accrued thereon and 2nd and 3rd respondents are entitled to receive a sum of Rs.4,50,000/- each with interest accrued thereon towards the share of their compensation.

Representative of the Appellant Counsel for the Appellant Smt.S.Ambika/1st respondent Smt.K.Sundari/ 2nd respondent Sri.K.Ganesan/ 3rd respondent Counsel for the Respondents This Lok Adalat award is passed in terms of the above settlement. The Court fee paid shall be refunded to the appellant 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

M.JEYAPAUL, J. (Retd.) rkp Copy to:

1.The Motor Accidents Claims Tribunal, Subordinate Judge, Madurantakam 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 CMA. No.2687 of 2021 11.12.2021