The Branch Manager v. Lakshmi
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 SUNDER MOHAN and Members Mr.N.Balasubramanian, District Judge (Retd.) Mr.S.Pushpakaran, Advocate.
C.M.A.No.2284 of 2024 (Appeal against the judgment and decree passed on 12.02.2024 made in M.C.O.P.No.604 of 2018 on file of the Motor Accidents Claims Tribunal, Dharmapuri.) The Branch Manager United India Insurance Co.Ltd, Branch Office, No.22 - B, Sundaram Iyer Street, Dharmapuri - 636 701.
Now at No.178, Regional Office, Dr.Nanjappa Road, Coimbatore - 641 018 ...Appellant/2nd respondent Vs.
1.Lakshmi 2.Rangan @ Raman
3. Krishnaveni
4. Weather Dynamics ... Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the Appellant Mr.R.Rajesh Insurance Company official Mr.M.Thirumalaiswamy, the learned counsel for the respondents 1 and 3, Mr.A.M.Packianathan, the learned counsel for the fourth respondent Mr.V.Sriram, 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 Both the parties and their respective counsel are present.
2. The Insurance company has challenged the award of Rs.22,60,400/- on the ground of quantum.
3. The parties have now arrived at a compromise, by which the respondents/claimants, have agreed to receive a sum of Rs.18,00,000/- (Rupees Eighteen Lakhs only) with interest at the rate of 7.5% per annum from the date of claim, till the date of realisation.
4. The first respondent says that the second respondent/father of the deceased is no more and has produced the death certificate dated 08.06.2024 confirming the said fact. It is represented that the legal heirs of the second respondent are the first and third respondents herein.
5. Since the legal representatives of the deceased/second respondent, are already on record, the award amount shall be shared in the following manner: (a) The first respondent shall be entitled to Rs.13,00,000/- with interest; (b) The third respondent shall be entitled to Rs.5,00,000/- with interest; 6.The Appellant Insurance Company shall deposit a sum of Rs.18,00,000/- (Rupees Eighteen Lakhs only) with interest at the rate of 7.5% per annum from the date of claim, till the date of realisation, less the amount already deposited before the Tribunal, if any, within a period of eight (8) weeks from the date of receipt of copy of this order. On such deposit, the respondents 1 and 3 shall share the same in the manner aforesaid.
7. The Tribunal is directed to follow the usual mode of payment on proper identification of the party concerned in accordance with the terms of the award without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly.
United India Insurance Co.Ltd, Branch Office, No.22 - B, Sundaram Iyer Street, Dharmapuri - 636 701.
Now at No.178, Regional Office, Dr.Nanjappa Road, Coimbatore - 641 018 Counsel for the Appellant 1.Lakshmi 2.Rangan @ Raman (died)
3. Krishnaveni Counsel for respondents 1 to 3
4. Mr.M.Balaji for Weather Dynamics Counsel for fourth respondent This National 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. The Motor Accidents Claims Tribunal, Motor Accidents Claims Tribunal, Dharmapuri 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.
The Hon'ble Mr.JUSTICE SUNDER MOHAN ars/dk C.M.A.No.2284 of 2024 14.12.2024