The National Insurance v. R.Paramasivam
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-II organised by the High Court Legal Services Committee Friday, the 24th day of October, 2017 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE MALAI SUBRAMANIAN (Retd.) and Members Mr.B.Maharajan Mr.T.Charles C.M.A No.2005 of 2008 (Appeal against the Judgment and decree dated 30.03.2007 made in M.A.C.T.O.P.No.11 of 2005 on the file of the Motor Accident Claims Tribunal Karaikal ( Additional District Judge). The National Insurance Company Limited, Represented by its Branch Manager, No.62/A, J.N.Street, Pondicherry.
... Appellant/3rd Respondent Vs.
1. R.Paramasivam
2. L.Maruthavanan Exparte before the Tribunal
3. The Managing Director P.T & T.D.C., No.40, Goubert Avenue, Puducherry.
4. R.Ravindran
5. M/s.United India Insurance Co.Ltd., Represented by its Branch Manager, Nehru Street, Puducherry.
... Respondents This case came up for settlement before Lok Adalat. Both the parties are present. Mr.S.Vadivel, learned counsel for the appellant and Mr.T.Susindern, learned counsel for the first respondent is 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.2,06,689/- with interest at 7.5% per annum from the date of numbering the petition till the date of deposit.
2.It is represented by the learned counsel for the appellant that the entire award amount has already been deposited before the Tribunal. By compromise both parties agreed for a compensation of Rs.1,85,000/-(Rupees one lakh eighty five thousand only) with interest.
3.The first respondent is entitled to receive the agreed award of Rs.1,85,000/-(Rupees one lakh eighty five thousand only) with interest from out of the deposited award and the balance amount shall be refunded to the insurance company. 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 permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. -SdThe National Insurance Company Limited, Represented by its Branch Manager, No.62/A, J.N.Street, -SdPondicherry.
Counsel for the Appellant -Sd- -SdR.Paramasivam Counsel for the first respondent 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 CourtFees 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.
-SdJudge -Sd- -Sd- Member Member Sd/- Assistant Registrar(L.A) //True Copy// Sub Assistant Registrar To: The parties/Advocate concerned Copy to:
1.
The Motor Accidents Claims Tribunal, ((Additional District Judge) at Karaikal.) 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.+2copies C.M.A No.2005 of 2008 CS/20/11/17