United India Insurance Company Ltd., v. K. Periasamy
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat-I organised by the High Court Legal Services Committee Friday, the 12th day of August 2023 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE P.B.Balaji and Members Mr. K.V.Muthu Visakan Mr.A.Rathinavel, Retd.J C.M.A.No.2155 of 2022 (Appeal against the decree and judgment dated 28.10.2021 made in M.C.O.P.No.850 of 2015 on the file of the III Additional District, Motor Accident Claims Tribunal, Tirupput at Dharapuram) United India Insurance Company Ltd.
Branch Office Working at 54/A, Mythil Nivas Palani Road, Dindigul-624 001 Dindigul District.
.. Appellant Vs.
1. K.Periasamy 2.A.Andiasamy 3.M.Karupayee 4.M.Muthupillai 5.K.Veerasamy 6.T.Parameswari 7.M.Sri Ram Prasanth 8.R.Murali .. Respondents
This case came up for settlement before the Lok Adalat. Both parties are present. Mr.P.Sankara Narayanan for M/s.R.Sreevidhya, learned counsel Appellant and the respondents 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.7,66,960/- with interest at 7.5% per annum from the date of filing of this petition till the date of deposit with costs.
2. The Appellant is the Insurer. The respondents 1 to 6 are the claimants. The M.C.O.P was filed seeking compensation to the tune of Rs.20,00,000/- for the death of the mother of the claimants in the Motor Accident on 20.05.2015. The Tribunal has awarded a sum of Rs.7,66,960/-. Aggrieved by the said award, the appellant/Insurance Company has preferred the above Civil Miscellaneous Appeal.
3.Today, the learned counsel for the appellant / Insurance Company and the claimants / the respondents 1 to 6 are present. They had a discussion regarding modality of amicable settlement and arrived at a sum of Rs.7.25 Lakhs together interest and cost out of which, 50% of the award amount is already deposited by the appellant. The respondents 1 to 6 shall be at liberty to seek payment out of the said amount with accrued interest by filing appropriate application without formal permission petition. Insofar as the balance
shall be deposited by the appellant/Insurance Company together with proportionate interest at the rate of 7.5% within a period of six weeks from the date of receipt of a copy of this order.
4. On such deposit, the respondents 1 to 6 are at liberty to withdraw the modified award amount in equal proportion without filing any formal petition before the Tribunal. Award is passed accordingly.
5. The Tribunal is directed to issue the cheque 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. Consequently, connected Miscellaneous Petition is closed.
United India Insurance Company Ltd.
Branch Office Working at 54/A, Mythil Nivas Palani Road, Dindigul-624 001 Dindigul District.
Counsel for the Appellant
1. K.Periasamy 2.A.Andiasamy
3.M.Karupayee 4.M.Muthupillai 5.K.Veerasamy 6.T.Parameswari Counsel for the first respondent 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. Judge Member Member To:The parties/Advocate concerned Copy to:
1.The Motor Accidents Claims Tribunal, Special Subordinate Judge, Cuddalore.
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
P.B.BALAJI, J nhs/sms C.M.A.No.2155 of 2022 12.08.2023