← Library
Madras High CourtCMA/259/2018disposed of

Reliance General Insurance v. Selvi

2023-02-11Honourable Mr Justice J.Sathya Narayana Prasad5 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 11th February 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE J.SATHYA NARAYANA PRASAD and Members Mr.N.Balasubramanian, District Judge (retd) Mr.K.V.Muthuvisakan, Advocate and Cross Objection No.40 of 2020 (Appeal against the judgment and decree passed on 02.04.2016 made in MCOP.No.528 of 2012 on the file of the Motor Accidents Claims Tribunal (Principal District Judge, Perambalur).

Reliance General Insurance Company Limited, ..

Appellant /versus/

2. Kalaiyarasi

3. Minor Devarasu

4. Minor Renuga

5. Sellammal (3 and 4 minors are represented by their natural Guardian, next friend and mother Selvi) 3rd minor declared as major as per order in I.a.No.68 of 2016 dated 05.01.2016)

6. R.V.N.Transport Udayarapatti Bye-pass Road, E.B.Office Near Kamaraj Nagar, Colony, Salem.

..

Respondents

Cross Objection No.40 of 2020:

2. Kalaiyarasi

3. Devarasu

4. Minor Renuga Sellammal (died) .....Cross Objectors Vs

1. Reliance General Insurance Company Limited,

2. R.V.N.Transport Udayarapatti Bye-pass Road, E.B.Office Near Kamaraj Nagar, Colony, Salem.

..... Respondents This case is taken up for settlement before this Lok Adalat. Both the parties are present. M/s C.Bhuvanasundari for Mr.S.Arun Kumar, learned counsel for appellant in C.M.A.No.259 of 2018 and Mr.A.A.Venkatesan, learned counsel for the respondents 1 to 4 in C.M.A.No.259 of 2018 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.11,19,200/- with interest at the rate of 7.5% per annum as compensation to the first respondent/claimant. Challenging the same, the appellant/Insurance Company has preferred this appeal.

2. The learned counsel for the appellant submitted that the appeal be disposed of by confirming the award passed by the Tribunal. It is also submitted that the entire compensation amount along with interest has been deposited.

3. The learned counsel for the cross objector in Cross Objection No.40 of 2020 submitted that they had filed cross objection seeking enhancement and now agreed to withdraw the cross objection accepting the entire award amount deposited before the Tribunal with accrued interest, if any. The learned counsel for the cross objector has also made an endorsement to that effect

4. It is submitted that the fifth respondent in C.M.A.No.259 of 2018 viz., Sellammal died and the same is also mentioned in Cross Objection No.40 of 2020 filed by the respondents/claimants. Hence, the amount of Rs.1,00,000/- shall be allotted to the first respondent viz., Selvi. Hence, the first respondent is entitled for total sum of Rs.6,19,200/-with proportionate interest. In regard to the other respondents, the apportionment shall be as ordered by the Tribunal. The major respondents' share is permitted to be withdrawn with proportionate interest, except minor respondents. The minor fourth respondent's share shall be deposited in any of the Nationalised Bank and the interest amount shall be withdrawn by the first respondent/Mother, on every three months, till the minor attains majority.

5. Accordingly, the Civil Miscellaneous Appeal is disposed of. The Cross Objection No.40 of 2020 is dismissed as withdrawn.

Reliance General Insurance Company Limited, Counsel for the Appellant in

2. Devarasu Counsel for the respondents 1 to 4 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

J.SATHYA NARAYANA PRASAD, J.

mn/vm To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal,(Principal District Judge, Perambalur). 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 and Cross Objection No.40 of 2020 Dated :11.02.2023