M/S.United India Insurance Company Limited v. Murali

CMA.No.1619 of 2022 P.B.BALAJI.J., The matter is listed today under the caption for 'being mentioned'.

2.In terms of the settlement reached between the parties before the National Lok Adalat held on 14.12.2024, the above CMA has been disposed of, on terms of the settlement reached between the parties.

3.Today, the learned counsel appearing for both the Insurance Company as well as the claimants are present. They have jointly represented that the terms of ''pay and recovery'' was inadvertently left out and the same may be included as per the award of the Tribunal.

Hence, Registry is directed to carryout aforesaid correction in CMA.No.1619 of 2022 dated 14.12.2024 and issue a fresh order copy to the parties.

14.06.2025 ata/cda 1/5

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of December, 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE G.CHOCKALINGAM (Retd.) and Members Mr.R.Paranjothi, Dist.Judge(Retd.) Mr.S.Jeyakumar, Advocate C.M.A.No.1619 of 2022 (Appeal against the Judgment and Decree passed on 01.02.2022 in M.C.O.P.No.229 of 2016 on the file of the Motor Accidents Claims Tribunal, Special Subordinate Court, Cuddalore.) M/s.United India Insurance Company Limited, Divisional Office, No.13-A, Nethaji Road, Cuddalore - 607 001.

... Appellant Vs.

1.Murali 2.Nathiya ... Respondents This case came up for settlement before the Lok Adalat. Both the parties are present. Mr.R.V.Sivaraj, learned counsel for appellant and M/s.Ramya V.Rao, learned counsel for the 1st 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 appeal in CMA.No.1619 of 2022 pending on the file of High Court, Madras and preferred against the award passed in MCOP.No.229 of 2016 on the file of the Motor Accidents Claims Tribunal, Special Subordinate Court, Cuddalore, has been referred to Lok Adalat for 2/5

conciliation today.

2. The Tribunal has awarded a sum of Rs.15,73,700/- with interest at 7.5% per annum from the date of filing of the petition till the date of deposit with cost. Aggrieved by the award of the Tribunal, the appellant/insurance company had preferred the present appeal.

3. When the case is pending, there was a negotiation between the parties as well as the counsel on record, resulting finalization of the quantum at Rs.14,00,000/-(Rupees Fourteen Lakhs) in full quit.

4. The appellant/Insurance Company shall deposit the award amount, less the amount already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this order. On such deposit being made, the claimant / 1st respondent is permitted to withdraw the entire award amount, without insisting on a formal payment out petition.

5. The Tribunal is directed to transfer the amount through RTGS/NEFT to the parties concerned on proper identification in accordance with the terms of the award, without insisting on any formal permission petition.

6. The award is passed accordingly, there shall be no order as to costs.

M/s.United India Insurance Company Limited, Divisional Office, No.13-A, Nethaji Road, Cuddalore - 607 001.

Counsel for the appellant 3/5

Murali 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 sp To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, Special Subordinate Court, Cuddalore.

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. G.CHOCKALINGAM, J. (Retd.) 4/5

sp C.M.A.No.1619 of 2022 14.12.2024 5/5