Hdfc Ergo General Insurance Co Ltd v. A. Gnanaprakasam (Deceased) 1. Jeniffer
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organized by the High Court Legal Services Committee th Day of March, 2026 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Saturday, 14 Presided over by The Hon'ble Mr.JUSTICE B.GOKULDAS (Retd.) and Members Mr.M.Sambasivam, District Judge (Retd.) Mrs.V.Pushpalatha, Advocate C.M.A.No.2074 of 2025 and C.M.P.No.18174 of 2025 This Civil Miscellaneous Appeal has been filed under Section 173 of Motor Vehicles Act, 1988, against the Judgment and Decree dated 08.01.2025 in M.C.O.P.No.3738 of 2015 on the file of the Motor Accident Claims Tribunal, III Court of Small Causes, Chennai.
M/s.HDFC Ergo General Insurance Co. Ltd.
(Formerly L & T General Insurance Co. Ltd.) G-1, Ground Floor, Capital Towers, No.180, Kodambakkam High Road, Nungambakkam, Chennai - 600 034.
... Appellant Vs.
A.Gnanaprakasam (Deceased) 1.Tmt.Jenifer
2.Kenitta Plessi (Minor) 3.Tmt.Padmavathi (Amended as per M.P.No.2/2024 dated 06.02.2024) 4.Madhan Prasad Moola Ram ... Respondents (Cause Title accepted vide Court Order dated 15.07.2025 made in C.M.P.No.15366 of 2025 in C.M.A.SR.No.83944 of 2025) This case came up for settlement before the National Lok Adalat. Both the parties are present. Mr.E.Rajadurai learned counsel for the appellant/Insurance Company and Mrs.V.Nirmala, learned counsel for respondents 1 to 3 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 appellant/Insurance Company has preferred this Civil Miscellaneous Appeal seeking to set aside the Judgment and Decree dated 08.01.2025 in M.C.O.P.No.3738 of 2015 on the file of the Motor Accident Claims Tribunal, III Court of Small Causes, Chennai.
2. The Tribunal has passed an award of Rs.13,28,100/- with interest at the rate of 7.5% per annum from the date of petition till the date of deposit along with cost.
3. The parties are present along with their respective counsels.
4. The learned counsel for the appellant/Insurance Company submitted that the appellant/Insurance has already deposited a sum of Rs.9,84,730/- (inclusive of statutory deposit) as per the direction issued by this Court in order dated 04.08.2025.
5. After great deliberation and discussion, both the parties have agreed for settling the claim for a sum of Rs.7,50,000/- in full quit.
6. In view of the compromise arrived at between the parties, the National Lok Adalat hereby permitted the appellant/Insurance Company to withdraw the excess amount which they have already deposited to the credit of M.C.O.P.No.3738 of 2015 on the file of the Motor Accident Claims Tribunal, III Court of Small Causes, Chennai.
7. The respondents 1 to 3 are permitted to withdraw the amount of Rs.7,50,000/- (Rupees Seven Lakhs Fifty Thousand Only) in full quit which was already deposited by the appellant/Insurance Company in M.C.O.P.No.3738 of 2015 on the file of the Motor Accident Claims Tribunal, III Court of Small Causes, Chennai, without filing any formal petition, before the competent Court.
8. It is made clear that out of the aforesaid amount of Rs.7,50,000/- which has already been deposited by the st respondent is entitled to appellant/Insurance Company, 1 nd respondent is entitled to Rs.1,50,000/- and Rs.5,00,000/-, 2 rd respondent is entitled to Rs.1,00,000/-. The share of minor nd respondent shall be deposited in a Fixed Deposit Account in any one of the Nationalized Banks, till she attains majority and the interest accrued thereon shall be withdrawn by their guardian once in three months, directly from the Bank.
9. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, connected Miscellaneous Petition is closed.
M/s.HDFC Ergo General Insurance Co. Ltd.
(Formerly L & T General Insurance Co. Ltd.) G-1, Ground Floor, Capital Towers, No.180, Kodambakkam High Road, Nungambakkam, Chennai - 600 034.
Counsel for the Appellant 1.Tmt.Jenifer 2.Kenitta Plessi (Minor) 3.Tmt.Padmavathi
4.Madhan Prasad Moola Ram Counsel for the Respondents 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.Motor Accident Claims Tribunal, III 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. +2 copies
B.GOKULDAS, J.
mrr/msm C.M.A.No.2074 of 2025 14.03.2026