Madras High CourtCMA/1331/2022settled before the lokadalats

The Divisional Manager v. Vijayakumari

2022-11-12Honourable Mrs Justice R. Hemalatha5 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 12th day of November 2022 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mrs.JUSTICE R. HEMALATHA and Members Mr.V. Arumugam, District Judge (Retd.) Mrs. A. Alamelu, Advocate CMA No.1331 of 2022 (Appeal against the judgment and decree passed on 07.03.2022 made in M.C.O.P.No.3204 of 2016 on the file of the Motor Accidents Claims Tribunal/ 1st Additional Subordinate Court, Cuddalore). The Divisional Manager New India Assurance Company Limited DO No.30, JN Street, Puducherry 605 001 .. Appellant Vs.

1.Vijayakumari

2. N. Nagarajan .. Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. Mr. R. Sivakumar, the learned counsel for the appellant and Ms.Ramya V.Rao, the learned counsel for the 1st respondent are present. TERMS OF SETTLEMENT

The MCOP No.3204/2016 was filed by the 1st respondent/claimant, who sustained severe injuries in a road accident that took place on 05.07.2016 and the 1st respondent/claimant had filed the claim petition claiming a compensation of Rs.15,00,000/- together with interest @ 18% p.a. The learned Judge, Motor Accidents Claims Tribunal, Cuddalore, had awarded a sum of Rs.13,35,270/- together with interest @ 7.5% per annum. Agrrieved over the same, the present Civil Miscellaneous Appeal is filed by the appellant/ Insurance Company.

2. Now the 1st respondent/claimant has agreed to receive a sum of Rs.16,75,000/- in full quit .

3. The appellant/Insurance Company is directed to deposit a sum of Rs.16,75,000/-, within a period of four weeks from the date of receipt of a copy of this order. On such deposit, the claimant is permitted to withdraw the settled amount. Award is passed accordingly.

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.

The Divisional Manager New India Assurance Company Limited DO No.30, JN Street, Puducherry 605 001 Counsel for the appellant Vijayakumari 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/ I Additional Subordinate Judge, 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.

R. HEMALATHA, J.

bga CMA No.1331 of 2022 12.11.2022