The Branch Manager v. Eswaran @ Hemanth Kumar
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of December 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE SUNDER MOHAN and Members Mr.N.Balasubramanian, District Judge (Retd.) Mr.S.Pushpakaran, Advocate.
C.M.A.No.2814 of 2023 (Appeal against the judgment and decree passed on 07.03.2022 made in M.C.O.P.No.173 of 2019 on file of the Motor Accidents Claims Tribunal, Paramathi, Namakkal District.) The Branch Manager United India Insurance Co.Ltd, D.No.146N, Kumar Complex, Tiruchengodu Town ...Appellant/2nd respondent Vs.
1.Eswaran @ Hemanth Kumar 2.Velusamy (R2 Set Exparte before the Tribunal) ... Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the Appellant Mr.R.Rajesh and Mr.P.Sankaranarayanan Insurance Company official Mr.M.Thirumalaiswamy, the learned counsel for the first respondent, Mr.K.Ganesh Babu are present. No appearance for the second respondent. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:
TERMS OF SETTLEMENT
Both the parties and their respective counsel are present.
2. The Insurance company has challenged the award of Rs.1,96,797/- on the ground of negligence and quantum.
3. Pursuant to the compromise, the appellant/Insurance Company have agreed to pay a sum of Rs.2,60,000/- (Rupees Two Lakhs Sixty Thousand only) in full quit.
4.The Appellant Insurance Company shall deposit a sum of Rs.2,60,000/- (Rupees Two Lakhs Sixty Thousand only) less the amount already deposited before the Tribunal, if any, within a period of eight (8) weeks from the date of receipt of copy of this order, failing which the Insurance Company agreed to pay interest at the rate of 7.5% per annum. On such deposit, the claimant shall be entitled to withdraw the entire amount.
5. The Tribunal is directed to follow the usual mode of payment on proper identification of the party concerned in accordance with the terms of the award without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly.
United India Insurance Co.Ltd, D.No.146N, Kumar Complex, Tiruchengodu Town Counsel for the Appellant Mr.Eswaran @ Hemanth Kumar Counsel for first respondent
This National Lok Adalat award is passed in terms of the above settlement. The Court fee paid shall be refunded to the parties 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. Judge Member Member To The parties/Advocate concerned Copy to:
1. The Motor Accidents Claims Tribunal, Paramathi, Namakkal 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.
The Hon'ble Mr.JUSTICE SUNDER MOHAN ars/dk C.M.A.No.2814 of 2023 14.12.2024