Branch Manager v. Balakrishnan

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 10th day of February, 2018 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mrs.JUSTICE R.HEMALATHA and Members:

Ms.V.Ahalya (District Judge Retired) Mrs.S.Sujatha C.M.A.No.891 of 2012 (Appeal against the award and decree passed on 30.09.2011 in M.C.O.P.No.324 of 2007 on the file of the Motor Accidents Claims Tribunal, Fast Track Court No.5, Additional District Cum Sessions Judge, Coimbatore at Tirupur.) Branch Manager Royal Sundaram Alliance Insurance Co. Ltd.

No.46, Whites Road, Chennai.

...Appellant Vs.

1. Balakrishnan

2. The Nilgiri Industrial Tea Factories Members Association Nenagh Cottage Grace Hill, Coonoor 3.Branch Manager, National Insurance Co. Ltd., Kumaran Illam, Green Fields, Udhagamandalam.

4.Thangaraj

...Respondents

(Respondents 2 & 4 were set-exparte before the Tribunal) This case came up for settlement before the National Lok Adalat. Both parties are present. The learned counsel for the appellant Mr.M.Krishnamoorthy and the learned counsel for the respondent Mr.MA.PA.Thangavel 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.2,97,300/- with interest at 7.5% per annum from the date of petition till the date of deposit.

2. Being aggrieved by the same, the Insurance Company has preferred the present appeal. Now, both the parties have agreed for a settlement. The Claimants agreed to receive a sum of Rs.3,20,891/- in full quit towards full and final settlement.

3. It is represented that already sum of Rs.4,20,761/- had been deposited by the Insurance Company before the Tribunal.

4. Hence,the balance amount of Rs.99,870/- shall be refunded to the Insurance Company. The award is passed accordingly.

5. The Tribunal is directed to transfer the amount to the parties concerned to their account in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. Branch Manager Royal Sundaram Alliance Insurance Co. Ltd.

No.46, Whites Road, Chennai Counsel for the Appellant Balakrishnan Counsel for the Respondent

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 Member To :

The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, (Fast Track Court No.5, Additional District Cum Sessions Judge, Coimbatore at Tirupur.) 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

R.HEMALATHA,J.

msm/av C.M.A.No.891 of 2012 10.02.2018