M/S. Reliance General Insurance Co Ltd v. Dhanammal
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Friday, the 16th day of December 2022 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE A.RAMAMURTHI (Retd) and Members Mr. S.Sathyamurthy, District Judge (Retd) C.M.A.No.606 of 2021 and CMP.No.3682 of 2021 This Civil Miscellaneous Appeal is filed against the Judgment and Decree dated 29.08.2019 made in MCOP.No.88 of 2009 on the file of the Motor Accidents Claims Tribunal, Subordinate Court, Cheyyar. M/s.Reliance General Insurance Company Limited, Unit No.1, 3rd Floor, No.23, Spur Tank Road, Chetpet, Chennai - 600 031.
.. Appellant Vs.
1.Dhanammal 2.Valarmathi 3.Anandhi 4.Archana (Minor) 5.Arun (Minor) (Respondents 4 and 5 Minors represented by mother & Next friend 2nd Respondent) 6.Lakshmanan (6th Respondent remained exparte before the Tribunal) .. Respondents
This case came up for settlement before the Lok Adalat. Both the parties are present. M/s.M.Shobana for M/s.M.B.Gopalan Associates, learned counsel for the appellant, Mr.M.Kalainathan, learned counsel for the respondents and Mr.G.B.Saravanabhavan, Area Manager (Legal) for Reliance General Insurance Company Limited are present.
TERMS OF SETTLEMENT Both parties and their respective counsel present. R4 and R5 were minors at the time of filing of MCOP and copies of Aadhar filed on 15.12.2022 and recorded as major on that day.
2. The Appellant / Insurance company has preferred the present appeal. Aggrieved against the award of Rs.20,12,284/- with interest.
3. Now the parties have agreed to modify the award for a sum of Rs.28,00,000/- (Rupees Twenty Eight Lakhs only) in full quit, inclusive of interest.
4. The Appellant / Insurance company is directed to deposit the modified award amount within a period of six weeks from the date of receipt of a copy of the Award, less the amount already deposited, if any.
5. On such deposit, the claimants 1 to 5 are entitled to withdraw the modified award amount as ordered by the Court below.
6. The Tribunal is directed to transfer the amount through RTGS/NEFT to the party concerned on proper identification in accordance with the terms of the award, without insisting on any formal permission petition.
7. This Civil Miscellaneous Appeal is disposed of accordingly. Consequently, connected Miscellaneous Petition is closed.
M/s.Reliance General Insurance Company Limited, Unit No.1, 3rd Floor, No.23, Spur Tank Road, Chetpet, Chennai - 600 031.
Counsel for the Appellant 1.Dhanammal 2.Valarmathi 3.Anandhi 4.Archana
5.Arun Counsel for the Respondents A.RAMAMURTHI,J.(Retd.) drl This 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 To:The parties/Advocate concerned To:
1. The Motor Accidents Claims Tribunal, The Subordinate Judge, Cheyyar.
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 drl C.M.A.No.606 of 2021
16.12.2022