Madras High CourtCMA/1958/2021settled before the lokadalats

National Insurance Company Ltd v. Y.Princely

2021-09-11Honourable Mr. Justice Malai Subramanian (Retd.)4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat-I organised by the High Court Legal Services Committee Saturday, the 11th day of September, 2021 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE MALAISUBRAMANIAN (Retd.) and Members

1. Mr.K.Balasubramanian

2. Mrs.V.J.Latha C.M.A.No.1958 of 2021 and C.M.P.No.10543 of 2021 (This Civil Miscellaneous Appeal is filed against the decree and judgment dated 06.03.2020 made in M.C.O.P.No.2234 of 2015 on the file of Motor Accident Claims Tribunal, Special Sub Court No.2, Small Causes Court, Chennai).

National Insurance Company Ltd., No.751, Third Floor, Anna Salai, Chennai - 600 002.

.. Appellant Vs.

1.Y.Princely 2.K.Vimal Kumar .. Respondents This case came up for settlement before the Lok Adalat. Both parties are present. The learned counsel for the appellant Mr.C.R.Krishnamoorthy and the learned counsel for 1st respondent Mr.C.D.Kamaraj 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.7,91,800/- with interest at 7.5% per annum from the date of numbering of the petition till the date of 1/4

deposit. Aggrieved by the award of the Tribunal, the appellant / Insurance Company had preferred the present appeal.

2. After due deliberation and consultation, both the parties have agreed to settle the case for a sum of Rs.11,10,000/- (Rupees Eleven Lakhs and Ten thousand only) in full quit as compensation.

3. The appellant shall deposit the award amount less the amount already deposited, if any, within a period of four weeks from the date of receipt of a copy of this order. On such deposit being made, the claimant/first respondent is permitted to withdraw the settled award amount before the Tribunal without filing any formal petition.

4. The Tribunal is directed to issue the cheque to the party concerned on proper identification in accordance with the terms of the award, without insisting on any formal petition. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, the connected miscellaneous petition, if any, is closed.

National Insurance Company Ltd., No.751, Third Floor, Anna Salai, Chennai - 600 002 Counsel for the Appellant Y.Princely Counsel for 1st respondent 2/4

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 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.The Motor Accident Claims Tribunal, Special Sub Court No.2, Small Causes Court, 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. rsi 3/4

MALAISUBRAMANIAN, J.(Retd.) rsi C.M.A.No.1958 of 2021 11.09.2021 4/4