The Branch Manager v. V. Ayyappan
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 C.M.A.No.1882 of 2021 (Appeal against the judgment and decree passed on 18.01.2021 made in MCOP.No.426 of 2019 on the file of the Motor Accidents Claims Tribunal, (Principal District Judge, Tindivanam) The Branch Manager, Reliance General Insurance Company Limited, 6th Floor, Reliance House, No.6, Haddows Road, Nungambakkam, Chennai - 34.
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Appellant /versus/ 1.V.Ayyapan 2.Mohan ..
Respondents This case is taken up for settlement before this Lok Adalat. Both the parties are present. Ms.C.Bhuvanasundari, learned counsel for appellant and Mr.E.Kannadasan, learned counsel for the first respondent 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.13,50,000/- 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.After due deliberation and consultation, both the parties have agreed for a settlement of a sum of Rs.17,25,000/- (Rupees Seventeen Lakhs Twenty Five Thousand Only) in full quit and the same is hereby, awarded. The award is modified accordingly.
3.The appellant /Insurance Company is directed to deposit the balance award amount as above, excluding the amount already deposited which is a sum of Rs.10,03,986/- (including statutory deposit of Rs.25,000/-). Therefore, the appellant is directed to deposit the balance award amount in full quit within a period of six weeks from the date of receipt of a copy of this order. On such deposit being made, the Tribunal shall transfer the entire modified award amount along with accrued interest, if any, to the Bank account of the first respondent/claimant by way of NEFT/RTGS, on proper identification, in
accordance with the terms of the award, without insisting on any formal permission petition.
4. Accordingly, the Civil Miscellaneous Appeal is disposed of. The Branch Manager, Reliance General Insurance Company Limited, 6th Floor, Reliance House, No.6, Haddows Road, Nungambakkam, Chennai - 34.
Counsel for the Appellant V.Ayyapan 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 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 To:The parties/Advocate concerned Copy to:
1.The Motor Accidents Claims Tribunal,(Principal District Judge, Tindivanam) 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
J.SATHYA NARAYANA PRASAD, J.
vm/mn C.M.A..No.1882 of 2021 Dated :11.02.2023