M/S Royal Sundaram Alliance v. K.Palani

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Friday, the 18th day of November 2016 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE A.RAMAMURTHY (Retd.) and Members Mr.R.Shanmugam Ms.V.Usha Rani C.M.A.No.3254 of 2008 (Appeal against the judgment and decree passed on 31.01.2008 made in M.C.O.P.No.216 of 2006 on the file of the Motor Accidents Claims Tribunal, Sub Court, Madurantakam.) M/s.Royal Sundaram Alliance Insurance Company Limited, Sundaram Towers, No.45 & 46, Whites Road, Royapetta, Chennai-600 014.

.. Appellant Vs.

1. K.Palani

2. M.Ravichandran .. Respondents This case is taken up for settlement before the Lok Adalat. Both the parties are present. Mr.M.Venkataramanan, Executive of M/s.Royal Sundaram Alliance Insurance Company Limited, learned counsel for the appellant and learned counsel for the Respondents 1 & 2 are present. The second respondent ex-parte before the Trial Court. 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 matter is taken up today. Both parties are represented. The appellant/Insurance Company has preferred the present appeal, aggrieved against the award of Rs.2,50,000/- with interest at the rate of 7.5% per annum from the date of petition till the date of deposit as compensation.

2. Now both the parties have agreed that the claimant is entitled to withdraw the sum of Rs.1,81,978/- (Rupees One Lakh Eighty one Thousand Nine hundred and Seventy eight only) deposited by the Insurance Company on 14.11.2008 with accrued interest and another sum of Rs.25,000/- (Rupees twenty five thousand only) deposited at the time of filing of the appeal with the accrued interest and apart from these amounts, the Insurance Company has to deposit an additional amount of Rs.70,000/- (Rupees Seventy Thousand only) within a period of four weeks from the date of receipt of a copy of this order.

3. On such deposit, the claimant is entitled to withdraw the entire amount. 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.

Sd/- M/s.Royal Sundaram Alliance Insurance Sd/- Company Limited, Counsel for the Appellant Sd/- K.Palani Sd/- Counsel for the 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.

Sd/- Judge Sd/- Sd/- Member Member Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar

To: The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal Sub Court, Madurantakam.

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.3254 of 2008 MV(CO) Eu 21.11.16