Madras High CourtCMA/2655/2013settled before the lokadalats

M/S. National Insurance Co. v. Tmt.Sasikala

2015-07-21Honourable Mr Justice K. Swamidurai(Lok-I)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Tuesday, the 21st day of July, 2015 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE K. SWAMIDURAI(Retd.) and Members Mr.G.Appasamy Mrs. V.Nalini CMA.No.2655 of 2013 (Appeal against the judgment and decree passed on 30.03.2012 made in M.C.O.P.No.53 of 2011 on the file of the Motor Accidents Claims Tribunal (Subordinate Judge) Perundurai, Erode District). M/s.National Insurance Co.Ltd., Branch Office, Gopichettipalayam.

...Appellant Vs.

1.Sasikala 2.Alaguraj 3.Duraisamy 4.G. Rajendran 5.The Managing Director, Tamil Nadu State Transport Company, Division - I, Kambam, Theni District.

...Respondents

This case came up for settlement before the Lok Adalat. Both the parties are present. The learned counsel for the appellant, Ms.N.B. Surekha and the learned counsel for the first respondent,

Mr.Ma.Pa.Thangavel 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.1,61,400/-with interest at 7.5% per annum from the date of petition till the date of deposit and costs as compensation.

It is represented by the appellant/Insurance Company that they have deposited only a portion of the award amount in the Tribunal.

2. Aggrieved against the award of the Tribunal, the appellant/Insurance Company has preferred the present appeal. After due deliberation and conciliation, both the parties have agreed to modify the award to a sum of Rs.95,000/- (Rupees Ninety Five Thousand only) with interest at 7.5% per annum from the date of petition till the date of deposit.

3. The appellant/Insurance Company is directed to deposit the balance of the modified award amount within a period of four weeks from the date of receipt of a copy of this order, after deducting the amount already deposited. On such deposit, the first respondent is permitted to withdraw the above said modified award amount without filing any formal petition. After satisfaction of the decree, the surplus amount, if any, shall be refunded to the appellant/Insurance Company without filing any formal petition. Award is passed accordingly.

4.The Tribunal is directed to issue the cheques to the parties concerned on proper identification by his counsel concerned appearing before the Tribunal, without insisting on any formal petition. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, connected miscellaneous petition is closed, if any. sd/- M/s.National Insurance Co.Ltd., Branch Office, sd/- Gopichettipalayam.

Counsel for the appellant sd/- sd /- Sasikala 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 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 -Sd/- Assistant Registrar(cs-II) //True copy// Sub Assistant Registrar gv To The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal(Subordinate Court) Perundurai, Erode District.

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 copys CMA.No.2655 of 2013 mg(co) cp 26.08.2015