Madras High CourtCMA/3098/2024settled before the lokadalats

United India Insurance Co Ltd v. S.Pandurangan

2024-12-14Honourable Mr Justice G.Chockalingam (Retd.)4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of December, 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE G.CHOCKALINGAM (Retd.) and Members Mr.R.Paranjothi, Dist.Judge(Retd.) Mr.S.Jeyakumar, Advocate C.M.A.No.3098 of 2024 and C.M.P.No.25518 of 2024 (Appeal against the Order passed on 02.01.2024 in M.C.O.P.No.2355 of 2016 on the file of the Motor Accidents Claims Tribunal, Special District Judge No.I, Cuddalore.) United India Insurance Co. Ltd., Third Party Service Hub, Plot No.35, 36, 37, A.R. Plaza, 45 Feet Road, Balaji Nagar Extn., Saram, Puducherry - 605 011.

... Appellant Vs.

1.S.Pandurangan 2.M/s.Bavani Ammal Educational Trust, Hayagirivar Public School, ECR Road, Mathikrishnapuram, Manapet, Bahour Commune, Puducherry State.

... Respondents This case came up for settlement before the Lok Adalat. Both the parties are present. Mr.R.V.Sivaraj, learned counsel for appellant and M/s.Ramya V.Rao, learned counsel for the 1st respondent 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 appeal in C.M.A.No.3098 of 2024 pending on the file of High Court, Madras and preferred against the order passed in M.C.O.P.No.2355 of 2016 on the file of the Motor Accidents Claims Tribunal, Special District Judge No.I, Cuddalore, has been referred to Lok Adalat for conciliation today.

2. The Tribunal has awarded a sum of Rs.9,31,200/- with interest at 7.5% per annum from the date of filing of the petition till the date of deposit with cost. Aggrieved by the award of the Tribunal, the appellant/insurance company had preferred the present appeal.

3. When the case is pending, there was a negotiation between the parties as well as the counsel on record, resulting finalization of the quantum at Rs.9,50,000/-(Rupees Nine Lakhs Fifty Thousand only) in full quit.

4. The appellant/Insurance Company shall deposit the award amount, less the amount already deposited, if any, within a period of eight weeks from the date of receipt of a copy of this order. On such deposit being made, the claimant / 1st respondent is permitted to withdraw the entire award amount, without insisting on a formal payment out petition.

5. 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.

6. The award is passed accordingly, there shall be no order as to costs. Consequently, the connected miscellaneous petition is closed.

7. After payment to the claimant/1st respondent, the appellant/Insurance Company is permitted to recover the compensation amount along with interest and costs from the second respondent herein. (Paragraph No.7 was incorporated as per order dated 08.03.2025 made in C.M.A.No.3098 of 2024 and C.M.P.No.25518 of 2024) United India Insurance Co. Ltd., Third Party Service Hub, Plot No.35, 36, 37, A.R. Plaza, 45 Feet Road, Balaji Nagar Extn., Saram, Puducherry - 605 011.

Counsel for the appellant S.Pandurangan Counsel for the first respondent 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 sp To:The parties/Advocate concerned Copy to:

1.The Motor Accidents Claims Tribunal, Special District 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.

G.CHOCKALINGAM, J. (Retd.) sp C.M.A.No.3098 of 2024 14.12.2024