Cholamandalam Ms General Insurance Company Ltd v. S.Pathima

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th day of December, 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr. Justice M.JEYAPAUL (RETD) and Members

1. Mr.P.Rosiah, District Judge (Retd.)

2. Mr.S.Arokiamani Raj, (Advocate) and C.M.P.No.31102 of 2025 (Against the judgment and decree dated 13.02.2024 made in M.C.O.P.No.1091 of 2022 on the file of the Motor Accident Claims Tribunal, Special Sub Court No.I, Cuddalore.) M/s.Cholamandalam MS General Insurance Company Ltd., No,23, 100 Feet Road, Sundaraja Nagar, Mudaliarpet, Pondicherry - 4.

... Appellant Vs.

1.S.Pathima 2.Minor S.Noorul Ameen 3.Minor Aiyshasithika 4.Minor Jannathulrisha 5.Ayisha 6.Zivanandhan ... Respondents This case came up for settlement before the Lok Adalat. Both the parties are present. Ms.R.Sree Vidhya, learned counsel for appellant and 1/6

Mr.F.Terry Chella Raja, learned counsel for the respondents 1 to 4 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 respondents 1 to 5 herein filed M.C.O.P.No.1091 of 2022 claiming award amount of Rs.1 Crore towards compensation with interest.

2.The Trial Court passed an award of Rs.28,38,000/- along with interest and cost. Aggrieved by the above award passed by the Trial Court M/s.Cholamandalam MS General Insurance Company Limited filed an appeal before the Hon'ble High Court.

3.Both the parties having initiated negotiation successfully arrived at a settlement of all the issues arisen in this case as follows: 4.The appellant-M/s.Cholamandalam MS General Insurance Company Limited has agreed to pay a sum of Rs.30,00,000/- (Rupees Thirty lakhs) in full quit, less the amount of Rs.25,000/- already deposited before the Trial Court. The respondents 1 to 4 have agreed to receive the said amount of Rs.30,00,000/- (Rupees Thirty lakhs) in full quit within a period of four weeks after the award is passed by the National Lok Adalat. Both the parties made a formal request to the National Lok Adalat to pass award in terms of the above settlement. 2/6

5.As a result, award is passed hereby in terms of the above compromise arrived at between the parties directing the appellant herein to pay a sum of Rs.30,00,000/- (Rupees Thirty lakhs), less the sum of Rs.25,000/- already deposited, in full quit within a period of four weeks from the date of receipt of a copy of order passed by the National Lok Adalat.

6.The fifth respondent-Ayisha has passed away on 19.04.2025 during the pendency of this appeal. Death Certificate was also produced before the National Lok Adalat.

7.The first respondent-S.Pathima will receive a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs only) out of the award amount and the respondents 2 to 4, who are minors, will receive a sum of Rs.5,00,000/- (Rupees Five Lakhs only) each, out of the award amount. The first respondent is entitled to receive the award amount referred above and the respondents 2 to 4, who are minors will receive the amount awarded to them on attaining majority. The amount awarded to the minors to be deposited in a nationalised Bank. 8.Consequently, the Civil Miscellaneous Appeal stands disposed of. The Court Fee paid by the appellant to be refunded. Consequently, the connected civil miscellaneous petition is closed. 3/6

M/s.Cholamandalam MS General Insurance Company Ltd., No Feet Road, 23, 100, Sunderaja Nagar, Mudaliarpet, Pondicherry - 4.

Counsel for Appellant 1.S.Pathima 2.Minor S.Noorul Ameen 3.Minor Aiyshasithika 4.Minor Jannathulrisha (Minors 2 to 4 rep. by their mother S.Pathima) 5.Zivanandhan Counsel for 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 4/6

To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, Special Sub Judge No.I, 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. 5/6

M.JEYAPAUL (RETD) rsi 13.12.2025 6/6