The Branch Manager v. Kalimuthu
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat - I organised by the High Court Legal Services committee Friday, the 8th day of October 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) Member Mr. M.MD.Essath Ali, District Judge, Retd C.M.A.No.192 of 2018 and Cross.Objection No.29 of 2019 CMA.No.192 of 2018 Appeal against the decree and judgment dated 27.07.2017 passed in M.C.O.P.No.927 of 2009 on the file of the Motor Accidents Claims Tribunal (in the Court of I Additional District Judge), at Tiruppur.
The Branch Manager, G.e. Plaza, Airport Road, .. Appellant Vs.
1.Kalimuthu 2.The Partner, Ms/.Anvil Automation, I/C, V.N.Industrial Estate, Bharathi Colony, Peelamedu, Coimbatore.
.. Respondents Cross Objection No.29 of 2019 ( This Cross Appeal is filed under Order XLI Rule 22 of C.P.C against the judgment and decree dated 27.07.2017 made in MCOP.No.927 of 2009 on the file of the Motor Accident Claims Tribunal, I Additional District Court at Tiruppur.)
Kalimuthu .. Cross Objector Vs 1.The Branch Manager, G.E. Plaza, Airport Road, 2.The Partner, Ms/.Anvil Automatiion, I/C, V.N.Industrial Estate, Bharathi Colony, Peelamedu, Coimbatore.
(2nd respondent remains ex-parte before the Tribunal) .. Respondents This case came up for settlement before the Lok Adalat. Mr.Michael Visuvasam and Mr.R.V.Sivaraj learned counsel for the Appellant in CMA.No.192 of 2018 and 1st respondent in Cross objector in Cross Objection No.29 of 2019, M/s.Ma.P.Thangavel and Mr.M.Lokesh learned counsel for the first Respondent in CMA.No.192 of 2018 and counsel for the cross objector in Cross Objection No.29 of 2019, and Mr.Mohamed Bilal Ali, Legal Officer, Bajaj Allianz General Insurance Company Limited 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 parties submitted before the Lok Adalat that they took steps for settlement of the dispute between the parties and finally they arrived at the settlement. In view thereof, Counsel appearing on both sides submitted that they may be permitted to withdraw the appeal as well as Cross objection.
2. Both the parties have settled the dispute amicably. Considering the submissions made by the counsel on either side, CMA.No.192 of 2018 and Cross Objection No.29 of 2019 are disposed of as withdrawn.
3. It is submitted that 50% of the award amount with interest and cost were already deposited by the Insurance company in terms of the award. Therefore, the Tribunal is directed to transfer the same to the claimant at the earliest. The remaining award amount with interest and cost to be deposited by the Insurance company within a period of three weeks from the date of this order.
Sd/- The Branch Manager, G.e. Plaza, Airport Road, Sd/- Counsel for the Appellant in CMA.No.192 of 2018 / 1st Respondent in Cross Objection No. 29 of 2019 Sd/- Counsel for the 1st Respondent in CMA.No.192 of 2018 and Cross objection No. 29 of 2019 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 2 r/w 25 of LSA Act 1987 as amended in 1994. Sd/- Judge Sd/- Member Sd/- Assistant Registrar(L.A) //True copy// Sub Assistant Registrar drl To:The parties/Advocate concerned Copy to:
1. The Motor Accidents Claims Tribunal, I Additional District Judge, at Tiruppur.
2. The Secretary, High Court Legal Services Committeee, Chennai.
3. The Secion Officer, V.R.Section, High Court, Madras. +2 Copies
4. The Section Officer, Lok Adalat Section, High Court Madras + 2copies C.M.A.No.192 of 2018 and Cross.Objection No.29 of 2019 PA(CO) GMY(21/10/2021)