National Insurance Company v. M. Muthu Krishnan (Minor)

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.2469 of 2014 (Appeal against the judgment and decree passed on 13.08.2013 made in M.C.O.P.No.2724 of 2010 on the file of the Motor Accidents Claims Tribunal/ II Court of Small Causes, Chennai) National Insurance Company Limited, No.738, Anna Salai, II floor, Chennai-2 .. Appellant Vs.

1.M.Muthukrishnan(Minor) rep by his Father and next friend Muthuraj 2.C.Vijaya kumar .. Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr.D.Bhaskaran and the learned counsel for the first respondent, Mr.A.A.Venkatesan 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 Tribunal has awarded a sum of Rs.3,75,600/-(Rupees Three lakhs, Seventy five thousand and six hundred only) with interest at 7.5% p.a. from the date of petition to till the date of deposit as compensation.

3. Aggrieved by the award, the appellant/Insurance Company has preferred the present appeal, challenging the quantum of compensation.

4. Now the 1st respondent has agreed to receive a sum of Rs.3,00,000/-(Rupees Three lakhs only) along with interest of 7.5 % from the date of petition to till the date of deposit with cost, which is also acceptable by the appellant. Hence, the appellant/Insurance Company is directed to deposit the agreed amount, less already deposited within a period of six weeks from the date of receipt of a copy of this order. The 1st respondent is directed to file appropriate petition before the Tribunal to declare the minor petitioner as major. Thereafter, on such deposit, the claimant is permitted to withdraw the Award amount after deducting the amount already withdrawn by the claimant, if any.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.

National Insurance Company Limited, No.738, Anna Salai, II floor, Chennai-2 Counsel for the appellant Muthurkrishnan (S/o)Muthuraj Counsel for the 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/ II Court of Small Causes, 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.

K.GOVINDARAJAN THILAKAVADI, J.

Vsn C.M.A.No.2469 of 2014 11.03.2023