M/S.Bharti Axa General Insurance Co Ltd v. Uthaniyamma
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 11th day of March 2023 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mrs.JUSTICE K.GOVINDARAJAN THILAKAVADI and Members Mr.N.Balasubramanian District Judge (Retd.) Mr.E.V.Chandru Advocate C.M.A.No.1563 of 2021 (Appeal against the judgment and decree passed on 03.08.2020 made in M.C.O.P.No.112 of 2019 on the file of the Motor Accidents Claims Tribunal, Additional Sub Judge, Hosur.
M/s.Bharti AXA General Insurance Co. Ltd., Pride Quadra No.30, 3rd Floor, Bollary Road, Hobbal, Bangalore - 560 024.
.. Appellant Vs.
1.Uthaniyamma 2.Sriraman 3.Chennamoorthy 4.Malleshan 5.Seenivasan 6.Dhanalakshmi 7.Basavaraj 8.Alan Thomas .. Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr.S.Arun Kumar and the learned counsel for the respondents 1 to 7 Mr.N.Manokaran are present. No appearance for the eighth 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 Tribunal has awarded a sum of Rs.12,14,000/-(Rupees Twelve Lakhs Fourteen Thousand only) with interest at 7.5% p.a. from the date of petition till the date of deposit as compensation.
3. Aggrieved by the award, the appellant/Insurance Company has preferred the present appeal. Now the Claimants have agreed to receive a sum of Rs.14,00,000/- (Rupees Fourteen Lakhs only) in full quit, which is also acceptable to the appellant/Insurance Company.
4. The Appellant/Insurance Company is directed to deposit the award amount now ordered after deducting any amount already deposited, within a period of six weeks from the date of receipt of a copy of this order. On such deposit, the claimants are permitted to withdraw the Award amount as per the apportionment given by the Tribunal, after deducting the amount already withdrawn by the claimants, if any. Award is passed accordingly.
5. The Tribunal is directed to issue the award amount through NEFT/RTGS to the party 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. M/s.Bharti AXA General Insurance Co. Ltd., Pride Quadra No.30, 3rd Floor, Bollary Road, Hobbal, Bangalore - 560 024.
Counsel for the appellant
1.Uthaniyamma 2.Sriraman 3.Chennamoorthy 4.Malleshan 5.Seenivasan 6.Dhanalakshmi 7.Basavaraj Counsel for the respondents 1 to 7 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/Additional Sub Judge, Hosur. 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.
K.GOVINDARAJAN THILAKAVADI, J.
sp C.M.A.No.1563 of 2021 11.03.2023