The Reliance General Ins.Co.Ltd, v. S. Gopal @ Gopalsamy

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 11th day of March, 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mrs.JUSTICE R.KALAIMATHI and Members Mr.M.Sambasivam, District Judge (Retd) Mr.Sai Srujan TAYI, Advocate CMA No.1388 of 2022 Appeal against the Judgment and decree dated 03.01.2022 passed in M.C.O.P.No.2273 of 2017 on the file of the Motor Accidents Claims Tribunal/Special Sub Court, Cuddalore.

Reliance General Insurance Company.Ltd., No.6, Reliance House, Haddows Road, Nungambakkam, Opp Shastri Bhavan, Chennai-600 006. ...Appellant Vs.

1.S.Gopal @ Gopalsamy 2.R.Latha

...Respondents

This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Ms.M.Shobana for Mrs.C.Bhuvana sundari, learned counsel for appellant and Mrs.Ramya V Rao, learned counsel for the respondents 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.12,91,800/- with interest at 7.5% per annum from the date of petition till the date of decree and costs as compensation. The appellant Insurance Company has filed the appeal.

2. After due deliberation and consultation, both the parties have agreed to modify the award for a sum of Rs.14,75,000/- (Rupees Fourteen Lakhs Seventy Five Thousand Only) in full quit without interest as compensation.

3. The Appellant Insurance Company has submitted that they had already deposited the entire award amount with interest for a sum of Rs.18,33,714/-. Therefore, the first respondent/claimant is entitled to Rs.14,75,000/- (Rupees Fourteen Lakhs Seventy Five Thousand Only) in full quit without interest and the balance amount need to be refunded to the Insurance Company.

4. As directed above, the claimant/first respondent is permitted to withdraw the modified amount 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. The connected miscellaneous petition is closed, if any. Reliance General Insurance Company.Ltd., No.6, Reliance House, Haddows Road, Nungambakkam, Opp Shastri Bhavan, Chennai-600 006. Counsel for the Appellant 1.S.Gopal @ Gopalsamy 2.R.Latha Counsel for the respondents 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/Special Sub 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.+2 copies

kmm/gd

R.KALAIMATHI.J., kmm/gd CMA No.1388 of 2022 11.03.2023