The Branch Manager v. Sumathi

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 11th day of March 2023 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mrs. JUSTICE K.GOVINDARAJAN THILAKAVADI and Members Mr.N.Balasubramanian District Judge (Retd.) Mr.E.V.Chandru Advocate C.M.A.No.3396 of 2019 (Appeal against the judgment and decree passed on 08.11.2018 made in M.C.O.P.No.175 of 2017 on the file of the Motor Accidents Claims Tribunal/Sub Court, Uthangarai) The Branch Manager, National Insurance Company limited,'

Branch Office, Vaniyambadi .. Appellant Vs.

1.Sumathi 2.M.Devaraj .. Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr.D.Baskaran and the learned counsel for the first respondent, Mr.S.P.Yuaraj 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 the parties and their respective counsel are present.

2. The Tribunal has awarded a sum of Rs.5,10,000/-(Rupees Five lakhs and ten thousand only) with interest at 9% p.a. from the date of petition to till the date of deposit as compensation.

3. Aggrieved by the award, the appellant has preferred the present appeal, against the order of the Tribunal.

4. Now the claimant has agreed to receive a sum of Rs.3,75,000/- (Rupees Three lakhs and seventy five thousand only) in full quit. Hence, the Appellant/Insurance Company is directed to deposit the agreed amount, within a period of six weeks from the date of receipt of a copy of this order after deducted the already deposit amount if any. On such deposit, the claimant is permitted to withdraw the Award amount after deducting the amount already withdrawn by the respondent, if any. Award is passed accordingly.

5. The Tribunal is directed to issue the award amount through NEFT/RTGS to the party concerned on proper identification in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. The Branch Manager, National Insurance Company limited,'

Branch Office, Vaniyambadi Counsel for the appellant

Sumathi Counsel for the first respondent This National Lok Adalat award is passed in terms of the above settlement.

The Court fee paid shall be refunded to the parties 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 Copy to:

1. The Motor Accidents Claims Tribunal/Sub Court, Uthangarai) 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.

K.GOVINDARAJAN THILAKAVADI, J.

Vsn C.M.A.No.3396 of 2019 11.03.2023