M/S. United India Insurance Company Limited v. A Palanisamy(Died)

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 9th March 2024 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE P.B.BALAJI and Members Miss.V.Ahalya, District Judge (Retd.) Mr.C.K.Chandrasekar, Advocate CMA.No.433 of 2021 (Appeal against the judgment and decree passed in M.C.O.P.No.384 of 2018 dated 05.11.2019 on the file of the Motor Accident Claims Tribunal,Special Subordinate Court, Coimbatore. M/s.United India Insurance Company Limited, Regional Office (Hub), Dr.Nanjappa Road, Coimbatore - 18.

... Appellant Vs 1.A.Palanisamy (Died) 2.N.Karthik 3.N.Kalavathy 4.Kannammal Arumugam

...Respondents

This case is taken up for settlement before the National Lok Adalat. Mr.C.Hari for Mr.S.Arunkumar, learned counsel for the Appellant is present and Mr.A.Sriram, learned counsel for the 4th Respondent are present before this Court.

TERMS OF SETTLEMENT This Civil Miscellaneous Appeal had been filed by the Appellant/Insurance Company challenging the award of the Tribunal granting a sum of Rs.18,38,977/- (Rupees Eighteen Lakhs Thirty Eight Thousand Nine Hundred and Seventy Seven only) together with interest at 7.5% per annum. The respondents filed MCOP for compensation for the injuries sustained by him. Pending CMA, the claimant died and his legal heir had been brought on record. Today, the mother of the claimant/4th respondent is present.

2.Considering the age of the claimant's mother, the Insurance Company had agreed to settle the compensation at Rs.14,00,000/- (Rupees Fourteen Lakhs only) together with interest at 7.5% from the date of filing the petition till the date of deposit, for which the claimant's mother has also agreed. It is submitted by the learned counsel for the appellant/the Insurance Company that the entire compensation amount had already deposited.

3.In view of the above, the compensation amount of Rs.14,00,000/- (Rupees Fourteen Lakhs only) together with the interest @ 7.5% as indicated above shall be deposited by the Tribunal in the 4th respondent/claimant mother's bank account through RTGS/NEFT, on proper identification, in accordance with the terms of the award, and she

shall withdraw the same with proportionate interest, without any formal petition. The remaining excessive interest amount shall be withdrawn by the appellant.

4.. The Civil Miscellaneous Appeal is disposed of. Consequently, the connected Miscellaneous Petition, if any, is closed. M/s.United India Insurance Company Limited, Regional Office (Hub), Dr.Nanjappa Road, Coimbatore - 18.

Counsel for the Appellant Kannammal Arumugam Counsel for the 4th Respondent This Lok Adalat award is passed in terms of the above settlement. The full Court fees paid shall be refunded to the parties in the manner provided under 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,Subordinate Court, Palacode. 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

P.B.BALAJI, J.

gd CMA.No.433 of 2021 09.03.2024