Branch Manager v. V.Paramasivam

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Tuesday, the 16th day of February, 2016 LOK ADALAT ORDER (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE MALAI SUBRAMANIAN (Retd.) and Members Mr.N.Ramachandran Ms.Ayesha Fathima CMA.No.2617 of 2013 (Appeal against the Judgment and decree passed on 29.11.2012 in MCOP.No.1474 of 2010 on the file of the Motor Accidents Claims, (Additional District and Sessions Court No.II) Tiruppur) Branch Manager, National Insurance Co.Ltd., 18, Court Street, Tiruppur.

...Appellant Vs.

1.V.Paramasivam 2.Shoukkathali

...Respondents

(Respondents 2 set ex parte before the Tribunal) On representation of the learned counsel for both sides, this case is taken up for settlement before the Lok Adalat. Mr.S.Vadivel, learned counsel for the appellant and Mr.Ma.Pa.Thangavel, learned counsel for the 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.7,39,000/-with interest at 7.5% per annum from the date of petition till the date of deposit as compensation. It is represented by the appellant/Insurance Company that they have already deposited 50% of the award amount before the Tribunal.

2. Aggrieved against the award of the Tribunal, the appellant/Insurance Company has preferred the present appeal.

3. After due deliberation and conciliation, both the parties have agreed that a further sum of Rs.4,60,000/- shall be deposited by the appellant/Insurance Company in full quit. On such deposit, the first respondent/claimant is permitted to withdraw the entire amount without filing any formal petition. The Award is passed accordingly.

4.The Tribunal is directed to issue the cheques 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. Consequently, connected miscellaneous petition is closed, if any.

sd/- National Insurance Co.Ltd., 18, Court Street, sd/- Tiruppur.

Counsel for the Appellant sd/- sd/- V.Paramasivam Counsel for the first respondent This Lok Adalat award is passed in terms of the above settlement.

The 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/- sd/- Member Member To The parties/Advocate concerned

Copy to:

1.The Motor Accidents Claims Tribunal,(Additional District and Sessions Court No.II) Tiruppur.

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. kji(co) prk7/4 CMA.No.2617 of 2013