The Branch Manager v. S. Manikandan
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday the 09th Day of March 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by THE HONOURABLE Mr.JUSTICE N.SENTHILKUMAR and Members:
1.N.BALASUBRAMANIAN, District Judge (Rtd) 2.SAI SRUJAN TAYI, Advocate C.M.A.No.1579 of 2023 and C.M.P.No.15898 of 2023 Civil Miscellaneous Appeal is filed to reduce the compensation in M.C.O.P.No.1266 of 2019 dated 28.02.2023 on the file of the Motor Accidents Claim Tribunal (Principal District Court), Cuddalore. The Branch Manager Oriental Insurance Company Ltd Valli vilas hospital compound Bharathi Road, Cuddalore -1.
... Appellant Vs.
1.S.Manikandan S/o Sampath 2Sheik Mahaboob Hussain (ex parte before the Tribunal) .. Respondents With the consent of both the parties, this case is taken up for settlement before this Lok Adalat. Both the parties are present and Mr.D.Bhaskaran, learned counsel for appellant and Ms.M.Malar, 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.18,57,847/- with interest at the rate of 7.5% per annum from the date of petition till the date of realization. Aggrieved by the said award, the appellant has preferred the present appeal.
2. After due deliberation and consultation, both the parties submitted that the appellant/Insurance company agreed to pay a sum of Rs.15,80,000/- with interest @ 7.5% p.a. The Insurance Company is directed to deposit the amount, after deducting the amount, which was already deposited, if any, within a period of five (5) weeks from the date of receipt of a copy of this order. On such deposit, the claimants are entitled to have shares as apportioned by the Tribunal.
3. The Tribunal is directed to issue the cheque to the party on proper identification in accordance with the terms of the award, without insisting on any formal permission petition.
4. The Civil Miscellaneous Appeal is disposed of accordingly.
The Branch Manager Oriental Insurance Company Ltd Valli vilas hospital compound Bharathi Road, Cuddalore -1.
Counsel for Appellant S.Manikandan Counsel for Respondent-1 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
N.SENTHILKUMAR,J.
apd To: The parties/Advocate concerned Copy to:
1.The Motor Accidents Claim Tribunal (Principal District Court), 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 C.M.A.No.1579 of 2023 and C.M.P.No.15898 of 2023 09.03.2024