Oriental Insurance Co.Ltd v. Govindhan (Died)

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Monday, the 19th day of September 2022 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE R.KARUPPIAH (Retd) and Member Mr.K.Ramakrishnan, District Judge (Retd) C.M.A.No.1672 of 2021 and CMP.No.8903 of 2021 Appeal against the Judgment and Decree passed on 26.02.2019 made in M.C.O.P.No.92 of 2013 on the file of the Motor Accidents Claims Tribunal, Sub Judge, Mettur.

Oriental Insurance Company Limited, 59, Raja Street, Gobichettipalayam.

.. Appellant Vs.

Govindhan (died) 1.Tamilselvi 2.Umavathy 3.Amsaveni 4.M.Parthiban (Respondent 4 remained ex-parte before the Tribunal) .. Respondents This case came up for settlement before the Lok Adalat. Both the parties are present. Mr.V.Murali, learned counsel for the appellant and Mr. R.Nalliyappan, learned counsel for the respondents and Mr.J.Gopalan, Regional

Manager for Oriental Insurance Company Limited 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.25,35,290/- with interest at 7.5% per annum from the date of filing of the petition till the date of deposit to R1 to R3 (1st Claimant already died). Aggrieved by the award of the Tribunal, the appellant / Insurance Company had preferred the present appeal.

2. After due deliberation and consultation, both the parties have agreed to settle the case for a sum of Rs.32,00,000/- (Rupees Thirty Two Lakhs only) in full quit as compensation to R1 to R3 instead of the amount awarded by the Tribunal.

3. The appellant/Insurance company shall deposit the modified award amount less the amount already deposited, if any, within a period of six weeks from the date of receipt of a copy of this order.

4. On such deposit being made, the claimants R2 to R4/respondents R1 to R3 are permitted to withdraw their respective shares as per the Tribunal apportionment 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.

6. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, connected Miscellaneous Petition is closed. Oriental Insurance Company Limited, 59, Raja Street, Gobichettipalayam.

Counsel for the Appellant 1.Tamilselvi 2.Umavathy 3.Amsaveni Counsel for the Respondents This 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

To:The parties/Advocate concerned Copy to:

1. The Motor Accidents Claims Tribunal, Sub Judge, Mettur.

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

R.KARUPPIAH,J.(Retd.) drl C.M.A.No.No.1672 of 2021 and CMP.No.8903 of 2021 19.09.2022