United India Insurance Co.Ltd, v. D. Mani
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 08th day of JULY, 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 B.GOKULDAS (Retd.) and Members Mr.J.JUSTIN DAVID, District Judge (Retd) Mrs.S.S.JHOTHIVANI, Advocate CMA No.1553 of 2022 and C.M.P.No.11503 of 2022 Appeal against the Judgment and decree dated 22.12.2021 made in M.C.O.P.No.1402 of 2018 on the file of the IV Judge, Court of Small Causes Motor Accident Claims Tribunal, Chennai.
United India Insurance Co. Ltd.
Sillingi Building, 4th Floor, No.134, Greams Road, Chennai - 600 006.
...Appellant/ Second Respondent Vs.
1.D. Mani
2. M/s Arun Steel Agencies New No.136 Old No.74, NEw Street, Mannady, Chennai 600 001 ..Respondents This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.R. Rajesh learned counsel for appellant and Mr. Sunithi Abirami for M.Malar, 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.13,75,600/- with interest at 7.5% per annum from the date of numbering of the petition till the date of deposit and cost as compensation. Aggrieved by the award of the Tribunal, the appellant had preferred the present appeal.
2. After due deliberation and consultation, both the parties have agreed to modified the amount awarded by the Tribunal for a sum of Rs.11,75,000/- (Rupees Eleven Lakhs and Seventy Five Thousand only), with interest at 7.5% p.a from the date of numbering the petition till the date of the deposit and cost.
3. The appellant is directed to deposit the above said amount of Rs.11,75,000/- (Rupees Eleven Lakhs and Seventy Five Thousand only),with interest at 7.5% p.a from the date of numbering the petition till the date of the deposit and cost, after deducting the amount already deposited if any, within a period of four weeks from the date of receipt of a copy of this order.
4. On such deposit, the claimant/first respondent is permitted to withdraw the amount awarded by this Court without filing any formal petition. Award is passed accordingly.
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. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently the connected miscellaneous petition is closed.
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 United India Insurance Co. Ltd.
Sillingi Building, 4th Floor, No.134, Greams Road, Chennai - 600 006.
Counsel for the Appellant 1.D. Mani
2. M/s Arun Steel Agencies New No.136 Old No.74, NEw Street, Mannady, Chennai 600 001 Counsel for the respondent To:
The parties/Advocate concerned Copy to:
1.The IV Judge, Court of Small Causes Motor Accident Claims Tribunal, Chennai.
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.+7 copies jas/smn
B.GOKULDAS,J. (Retd.) smn/jas CMA No.1553 of 2022 and C.M.P.No.11503 of 2022 08.07.2023