Iffco Tokio General Insurance Company Ltd., v. Suresh,

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 12th day of November, 2022 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE K.KUMARESH BABU and Members 1.Mr.Ravindra Bose 2.Mr.T.Saravanan CMA.No.2142 of 2021 Appeal against the Judgment and decree dated 27.07.2020 passed in M.C.O.P.No.129 of 2017 on the file of the Motor Accidents Claims Tribunal (Special Subordinate Judge) Dharmapuri.

Iffco-Tokio General Insurance Company Ltd., GSN Arcade, IInd Floor, Near Vemala Kalyana Mandapam, Bye-Pass Road, Hosur Taluk, Krishnagiri District.

... Appellant Vs.

1.Suresh 2.Sonal Adhesives Ltd., New Ardhahalli X Road, Dhandugaranahalli Post, Palacode Taluk, Dharmapuri District. ...Respondents This case is taken up for settlement before the National Lok Adalat. Mrs.E.Chitra, for Mr.N.Somasundaar, learned counsel for the petitioner and Mr.S.Sathiaseelan, learned counsel for the first respondent and there is no

representation for the second respondent. 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.6,49,811/- with interest at 7.5% per annum from the date of petition till the date of deposit and costs as compensation. Aggrieved by the said award amount, the Appellant/Insurance Company has preferred this Appeal.

2.It is agreed by the parties to settle the dispute and had arrived at a sum of Rs.5,50,000/- (Rupees Five lakhs and Fifty thousand only) as settlement with interest at the rate of 7.5% from the date of claim petition. It is admitted between the parties that 50% of the award amount has already been deposited. Therefore, the appellant/Insurance Company shall deposit the remaining amount within a period of eight weeks from the date of receipt of a copy of this order and the first respondent is permitted to withdraw the entire amount.

3.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.

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 Iffco-Tokio General Insurance Company Ltd., GSN Arcade, IInd Floor, Near Vemala Kalyana Mandapam, Bye-Pass Road, Hosur Taluk, Krishnagiri District.

Counsel for the Appellant 1.Suresh 2.Sonal Adhesives Ltd., New Ardhahalli X Road, Dhandugaranahalli Post, Palacode Taluk, Dharmapuri District.

Counsel for the respondents To:

The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal (Special Subordinate Judge Court) Dharmapuri.

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 sp

K.KUMARESH BABU, J.

sp CMA.No.2142 of 2021 12.11.2022