United India Insurance Co Ltd v. Raghunathan

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 8th day of February 2020 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE C.V.KARTHIKEYAN and Members Mrs.G.Maragatham, Sub Judge (Retd.,) Mr.N.Nanmaran C.M.A.No.2975 of 2014 (Appeal against the judgment and decree dated 24.06.2014 made in M.C.O.P.No.2357 of 2009 on the file of the Motor Accidents Claims Tribunal, Special Sub Judge-I, Chennai.) United India Insurance Company Ltd., Sillingi Buildings, New No.134, Old No.40-42, Greams Road, Chennai - 6.

..Appellant /vs/ 1.Raghunathan 2.Ms.Gayathri 3.M/s.Kodap Corporation, No.39, Teachers Colony, Kamaraj Avenue, Adayar, Chennai - 600 020.

..Respondents This appeal is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.D.Baskaran, learned counsel for appellant and Mrs.Ramya Rao, learned counsel for 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.13,92,000/- together with interest at the rate of 7.5% per annum. Aggrieved by the said award amount, the appellant/Insurance Company preferred the present Appeal.

2. After deliberations and discussions, the respective parties have mutually agreed for a sum of Rs.12,42,000/-, together with interest at the rate of 7.5% per annum. The Insurance Company is permitted to withdraw the difference amount, if any already deposited.

3.The claimants are permitted to withdraw the entire award amount along with interest, by filing an appropriate application before the Tribunal concerned and the payment is to be made through RTGS. Accordingly, this Civil Miscellaneous Appeal is disposed of. Consequently, connected miscellaneous petitions are closed, if any.

United India Insurance Company Ltd., Sillingi Buildings, New No.134, Old No.40-42, Greams Road, Chennai - 6.

Counsel for the Appellant 1.Raghunathan 2.Ms.Gayathri 3.M/s.Kodap Corporation, No.39, Teachers Colony, Kamaraj Avenue, Adayar, Chennai - 600 020.

Counsel for the respondents 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 Sub Judge-I, 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.+2 copies

C.V.KARTHIKEYAN.J., ms C.M.A.No.2975 of 2014 08.02.2020