The National Insurance Co Ltd v. Dhanalakshmi

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th July 2019 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE G.K.ILANTHIRAIYAN and Members Mr.N.Sivathanu, District Judge (retd) Mr.S.Arokiamaniraj C.M.A.NO.2316 OF 2014 and M.P.No.1 of 2014 (Appeal against the judgment and decree passed on 11.12.2013 made in MCOP.No.1517 of 2012 on the file of the Motor Accidents Claims Tribunal (1st Additional Sub Court), Cuddalore.

National Insurance Co. Ltd DO 110 JN Street, Puducherry.

..

Appellant /versus/ 1.Dhanalakshmi 2.Karthikeyan ..

Respondents (R2 set exparte before the Tribunal) This case is taken up for settlement before this Lok Adalat. Both the parties are present. Mr.S.Arunkumar for Mr.S.D.Bhaskaran, learned counsel for appellant/Insurance Company and the first respondent/claimant 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.1,52,000/- with interest at the rate of 7.5% per annum as compensation to the first respondent/claimant. Challenging the same, the appellant/Insurance Company has preferred this appeal.

2.After due deliberation and consultation, both the parties have agreed to the modify the award amount to a sum of Rs.1,00,000/- (Rupees One lakh Only) in full quit and the same is hereby, awarded. The award is modified accordingly.

3. It is reported that the appellant /Insurance Company has already deposited a sum of Rs.25,000/- before the Tribunal. As such, the appellant/Insurance Company is directed to deposit the balance sum of Rs.75,000/- within a period of six weeks from the date of receipt of a copy of this order. On such deposit being made, the Tribunal shall transfer the entire modified award amount along with accrued interest for Rs.25,000/- if any, to the Bank account of the respondent /claimant by way of NEFT/RTGS, on proper identification, in accordance with the terms of the award, without insisting on any formal permission petition.

4.Accordingly, the Civil Miscellaneous Appeal is disposed of. No costs. Consequently, connected civil miscellaneous petition is closed. National Insurance Co. Ltd DO 110 JN Street, Puducherry.

Counsel for the Appellant Dhanalakshmi Counsel for the 1st 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 (I Additional Sub Court, 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

G.K.ILANTHIRAIYAN, J.

rk C.M.A.NO.2316 OF 2014 Dated : 13.07.2019