Madras High CourtCMA/2518/2021settled before the lokadalats

National Insurance Co Ltd v. Ravi@Karuppuswamy

2022-03-22Honourable Mr. Justice Malai Subramanian (Retd.)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Tuesday, the 22nd day of March 2022 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE MALAISUBRAMANIAN (Retd.) and Member Mr.S.Manoharan CMA.No.2518 of 2021 (Appeal against the judgment and decree dated 15.02.2021 made in MACTOP.No.257 of 2019 on the file of the Motor Accidents Claims Tribunal, Special Subordinate Court, Erode)

1. National Insurance Company Limited, Branch office, No.1, Mahalakshmi Nivasam, Opposite Kiruba Hospital, Rajaji Road, Kumaraswamypatty, Salem - 636 007.

2. The National Insurance Company Limited, Divisional Office, No.73, Perundurai Road, Near Collector Office, Erode - 636 011.

...Appellant Vs.

1. Ravi @ Karuppuswamy

2. P.P.Selvam

...Respondents

This case came up for settlement before the Lok Adalat. Both parties are present. Mrs.N.B.Surekha, learned counsel for the appellant and Mr.S.ArunPrasath, learned counsel for the first 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 Tribunal has awarded a sum of Rs.5,19,000/- with interest at 9% per annum from the date of petition till the date of deposit and costs as compensation. 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 modify the award to a sum of Rs.5,00,000/- (Rupees Five Lakhs only) along with interest at 7.5% per annum from the date of petition till the date of deposit as compensation.

3. The appellant / Insurance Company is directed to deposit the above said modified award amount of 5,00,000/- (Rupees Five Lakhs only) along with interest at 7.5% p.m. from the date of petition till the date of deposit, after deducting the amount already deposited if any, within a period of eight weeks from the date of receipt of a copy of this order.

4. On such deposit, the first respondent / claimant is permitted to withdraw the above said modified award amount along with interest without filing any formal petition. Award is passed accordingly.

5. The Tribunal is directed to transfer the amount through RTGS/NEFT 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 connected miscellaneous petition is closed, if any.

Sd/- The National Insurance Company Limited, Divisional Office, No.73, Perundurai Road, Near Collector Office, Sd/- Erode - 636 011.

Counsel for the Appellant Sd/- Sd/- Ravi @ Karuppuswamy 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.

Sd/- Judge Sd/- Member s/d- Assistant Registrar True Copy Sub-Assistant Registrar To:The parties/Advocate concerned Copy to:

1.Motor Accidents Claims Tribunal, Special Subordinate Court, Erode.

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 CMA.No.2518 of 2021 SKM(CO) SP(12/04/2022)