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Madras High CourtCMA/314/2018withdrawn dismissed

Bajaj Allianz General v. K. Kesavan

2021-04-30Honourable Mr Justice M.Thanikachalam (Retd.)2 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Friday, the 30th day of April 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.THANIKACHALAM (Retd.) and Member M.Rajalakshmi C.M.A.No.314 of 2018 and CMP.No.3229 of 2018 (Appeal against the judgment and decree dated 11.02.2016 made in M.C.O.P.No.158 of 2014 on the file of the Motor Accidents Claims Tribunal, Additional District Court, Krishnagiri) Bajaj Allianz General Insurance Company Limited, 4th Floor, Shankar Sheth Road, Pune.

.. Appellant Vs.

1.K.Kesavan 2.K.Vigneswar 3.K.Vidhya 4.Mohan Dadosa Khamone .. Respondents This case came up for settlement before the Lok Adalat. Mr. R.V.Sivaraj, Counsel for the Appellant is present. TERMS OF SETTLEMENT The appellant / Insurance Company faced the Trial before the Tribunal, where the accident victims legal heirs have filed a claim for Rs.25,00,000/- which ended in an award of Rs.11,99,940/- the amount of liability is not fixed, against which the appeal is filed.

2. Appellant represented by Senior Legal Executive, viz., S.Mohamed Billal and their counsel, viz., Mr.R.V.Sivaraj representing the case being present make a statement that the appellant is not prosecuting the appeal, whereas they have decided to withdraw the appeal, and acknowledging the same in writing, endorsement was made in the appeal memorandum. Recorded.

No representation for the respondents and representation could be dispensed with since by withdrawing by the appeal no prejudice could be caused to the respondents and https://hcservices.ecourts.gov.in/hcservices/

in the absence of other side, endorsed could be accepted, case can be disposed of, if at all the original award shall stand fo which there cannot be any grievance for anybody.

3. Under the above said circumstances appeal is dismissed as withdrawn and settled, as per the endorsement. Consequently connected Miscellaneous Petition is closed.

Sd/- Bajaj Allianz General Insurance Company Limited, sd/- 4th Floor, Shankar Sheth Road, Pune.

Counsel for the Appellant 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/- Judge sd/- Member s/d- Assistant Registrar True Copy Sub-Assistant Registrar To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, Additional District Court, Krishnagiri 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.314 of 2018 AKII(CO) SP(13/07/2021) https://hcservices.ecourts.gov.in/hcservices/