Madras High CourtCMA/1279/2014settled before the lokadalats

The Oriential Insurance v. Sandhana Gurukal

2020-02-24Honourable Mr. Justice N. Authinathan (Retd.)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Monday, the 24th day of February, 2020 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE N.AUTHINATHAN (Retd.) and Member:- M.Sambasivam (District Judge, (Retd.,)) CMA.No.1279 of 2014 Appeal against the Judgment and decree dated 29.10.2013 made in M.C.O.P.No.5106 of 2011 on the file of the Motor Accidents Claims Tribunal, V Court of Small Causes, Chennai. The Oriental Insurance Company Limited No.115/216, Prakasham Salai Chennai - 108.

... Appellant Vs.

Sandhana Gurukkal 2.

P.Shyamala Devi ... Respondent This case has been listed today and came up for settlement before the Lok Adalat. Learned counsel for the Appellant M/s.D.Bhaskaran assisted by Mr.S.Balakrishnan, Manager and Mrs.N.Umamaheswari, Deputy Manager of M/s.Oriental Insurance Company Limited and M/s.M.Malar, learned counsel for the first Respondent and the first respondent are present. Second respondent remained exparte.

The appeal in CMA.No.1279 of 2014 pending on the file of High Court, Madras and preferred against the award passed in MCOP.No. 5106 of 2011 on the file of the Motor Accidents Claims Tribunal, V Court of Small Causes, Chennai, has been referred to Lok Adalat for conciliation today. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

TERMS OF SETTLEMENT This is a case of Motor Accident causing injury to the first respondent herein. The Tribunal has awarded a sum of Rs.7,83,000/- (Rupees Seven Lakhs and Eighty Three Thousand only) as compensation along with interest at 7.5% per annum from the date of numbering the claim petition ie., 30.11.2011 till the date of deposit along with proportionate cost. ii) After due deliberation and discussion, both the parties have compromised the disputed claim at Rs.5,00,000/- (Rupees Five lakhs only) with interest at 7.5% per annum from the date of numbering the claim petition ie., 30.11.2011 till the date of deposit. The appellant/Insurance Company has agreed to deposit the above compensation of Rs.5,00,000/- (Rupees Five lakhs only) with interest at 7.5%, after deducting the amount already deposited before the Tribunal, within six weeks from the date of receipt of copy of this award.

-s/dThe Oriental Insurance Company Limited No.115/216, Prakasham Salai -s/dChennai - 108.

Counsel for Appellant -s/d- -s/dSandhana Gurukkal Counsel for first Respondent LOK ADALAT AWARD

2. In view of the compromise arrived at between both the parties, the Lok Adalat hereby declare and decree that the appellant / Insurance company shall pay a sum of Rs.5,00,000/- (Rupees Five lakhs only) with interest at 7.5% per annum from the date of numbering the claim petition ie., 15.11.2011 till the date of deposit, after deducting the amount already deposited before the Tribunal, within six weeks from the date of receipt of copy of this award.

3. On deposit of the above compensation, the first respondent is permitted to withdraw the said amount immediately without filing any formal petition.

4. The Tribunal is directed to issue the amount through cheque / RTGS to the party concerned on proper identification in accordance with the terms of the award, without insisting on any formal permission petition.

5. 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.

6. Award is passed accordingly and the Civil Miscellaneous Appeal is disposed of. No order as to costs. -s/dJudge -s/d Member Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar mra To:

The parties/Advocate concerned Copy to:

1. The V Court of Small Causes, Motor Accidents Claims Tribunal, Chennai.

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 CMA.No.1279 of 2014 aa16/12/2020