National Insurance Co Ltd. v. S.Rajeswari

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 Mr.JUSTICE SUNDER MOHAN and Members Mr.N.Balasubramanian, District Judge (Retd.) Mr.K.Shivakumar C.M.A.No.2555 of 2021 (Appeal against the judgment and decree passed on 07.02.2019 made in M.C.O.P.No.185 of 2015 on the file of the Motor Accidents Claims Tribunal (Sub Court, Sathyamangalam).

National Insurance Co. Ltd., Divisional Office, Court Road, Tirupur.

... Appellant Vs.

1.S.Rajeswari 2.Minor S.Mohan (2nd Petitioner represented by his natural guardian and his mother S.Rajeswari, 1st Respondent) 3.Pazhniyaye 4.P.Nagamuthu 5.K.Devaraj ... Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant Ms.N.B.Surekha for Mr.S.Vadival and the learned counsel for respondents 1 to 4 Mr.T.Mohanraju, for Mr.R.Nalliyappan 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 Both the parties and their respective counsel are present.

2. The Tribunal has awarded a sum of Rs.22,52,849/-(Rupees twenty two lakh fifty two thousand eight hundred and forty nine only) with interest at 7.5% p.a. from the date of petition till the date of deposit as compensation.

3. Aggrieved against the award, the appellant/Insurance Company has preferred the present appeal.

4. Now the respondents 1 to 4/claimants have agreed to receive a sum of Rs.21,00,000/-(Rupees twenty one lakh only) (with interest and costs). The appellant/Insurance Company is directed to deposit the agreed amount, after deducting the amount already deposited before the Tribunal, within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the claimants are permitted to withdraw the Award amount as per the apportionment made by the Tribunal. The Appellant/Insurance Company is liable to pay the compensation. Award is passed accordingly.

5. The Tribunal is directed to follow the usual mode of payment on proper identification to the concerned parties in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. National Insurance Co. Ltd., Divisional Office, Court Road, Tirupur.

Counsel for the appellant/ insurance company 1.S.Rajeswari 2.Minor S.Mohan 3.Pazhniyaye 4.P.Nagamuthu Counsel for the claimants/ respondents 1 to 4

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 (Sub Court, Sathyamangalam) 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.

SUNDER MOHAN, J.

sri/sai C.M.A.No.2555 of 2021 12.11.2022