United India Insurance Company Ltd v. Varalakshmi
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 09th day of September, 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by THE HON'BLE MR.JUSTICE V. LAKSHMINARAYANAN and Members Ms.V.Akalya, District Judge (Retired) Mrs.D.Sathya, Advocate C.M.A.No.1581 of 2023 (Appeal against the Judgment and Decree passed on 24.03.2023 in M.C.O.P.No.2469 of 2019 on the file of the Motor Accidents Claims Tribunal, (Chief Judge, Court of Small Causes) Chennai) United Insurance Company Ltd., Third Party Claims Cell, 134, Greams Road, Chennai 600 006.
... Appellant Vs.
1.Varalakshmi 2.Dhana Sekar 3.N.Selvam ....Respondents On representation of the counsel for both sides this case is taken up for settlement before the Lok Adalat. Both the parties are present. Mr.D.Bhaskaran, learned counsel for the appellant and Mr.U.Chithambaram, learned counsel for the respondents 1 and 2 are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows: 1/3
TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.28,31,600/- with interest at 7.5% per annum from the date of petition till the date of deposit and costs as compensation. Aggrieved by the Award of the Tribunal, the Insurance Company has preferred the present appeal.
2.After due deliberation and consultation, both the parties have agreed to modify the Award to a sum of Rs.23,00,000/- (Rupees twenty three lakhs only) together with interest at 7.5% from the date of claim petition till the date of deposit.
3.The appellant/Insurance Company is directed to deposit the above said modified award amount of Rs.23,00,000/- (Rupees twenty three lakhs only) together with interest at 7.5% from the date of claim petition till the date of deposit, within a period of eight weeks from the date of receipt of a copy of this order. On such deposit, the respondents 1 and 2 are permitted to withdraw the modified amount in the apportionment at the rate of 50% each, without filing any formal petition. The Award is passed accordingly. 4.The Tribunal is directed to transfer the amount through RTGS/NEFT to the parties concerned on proper identification in accordance with the terms of the Award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. 2/3
United Insurance Company Ltd., Third Party Claims Cell, 134, Greams Road, Chennai 600 006.
Counsel for the Appellant 1.Varalakshmi 2.Dhana Sekar 3.N.Selvam 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 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 pvs To:The parties/Advocate concerned Copy to:
1.The Chief Judge, Court of Small Causes, Motor Accidents Claims Tribunal, Chennai 2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R. Section, Madras High Court, Chennai. 4.The Section Officer, Lok Adalat Section, Madras High Court, Chennai. +2 copies C.M.A.No.1581 of 2023 09.09.2023 3/3