The Oriental Insurance Co.Ltd v. Ponnammal

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Saturday, the 13th day of August 2022 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE D.BHARATHA CHAKRAVARTHY and Member :

1. Mr. R. Ravindra Bose (Retd.D.J.)

2. Mr. P.G. Kumaraguru (Advocate) C.M.A.No.2821 of 2021 (Appeal against the judgment and decree dated 23.12.2020 made in M.C.O.P.No.353 of 2015 on the file of the Motor Accidents Claims Tribunal, Principal Subordinate Judge, Vridhachalam). The Oriental Insurance Co.Ltd., Represented by its Manager, Broadway, Chennai.

... Appellant

Versus

1. Ponnammal

2. Malar

3. Chandrababu

4. Palanimuthu ... Respondents This case came up for settlement before the National Lok Adalat. Mrs. R. Sree vidhya, learned counsel appeared for the appellant and Mr.S. Udhaya Kumar submits that the award amount may be passed and they arrived at a compromise to settle the matter as follows: TERMS OF SETTLEMENT After persuation, both the parties have amicably resolved the matter. The parties have settled the claim for a sum of Rs.10,00,000/- as full quit. Of the same, a sum of Rs.25,000/- has already been deposited to the credit of MCOP and the balance sum of Rs. 9,75,000/-, shall be deposited on or before 28.09.2022.

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2. It is also represented that the first claimant Ponnammal died. The parties have also agreed that, out the said sum of Rs. 10,00,000/- a sum of Rs. 1,00,000/- is apportioned and payable to the first claimant, a sum of Rs.5,00,000/- is apportioned and payable to the second claimant, Malar, and a sum of Rs. 4,00,000 is apportioned and payable to the third claimant, Chandrababu.

3. As far as first claimant, Ponnammal is concerned, she has passed away. All the legal heirs of the first claimant can file an appropriate application before the Tribunal. Thereafter, the said sum of Rs.1,00,000/- can be paid out in equal proportion to all the legal heirs of the first claimant, Ponnammal. As far as second and third claimants are concerned, the Trial Court shall pay the amount without insisting upon the formal application.

The Oriental Insurance Co.Ltd., Represented by its Manager, Broadway, Chennai Counsel for the Appellant

1. Ponnammal ( died)

2. Malar

3. Chandrababu

4. Palanimuthu (remained ex-parte) Counsel for the Respondents This Lok Adalat award is passed in terms of the above settlement. 2/4

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.

Judge Member Member To: The parties/Advocate concerned Copy to:

1. The Motor Accidents Claims Tribunal, Principal Subordinate Judge, Vridhachalam)

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 mrn 3/4

D.Bharatha Chakravarthy,J.

mrn C.M.A.No.2821 of 2021 13.08.2022 4/4