The Divisional Manager v. K.Karthikeyan

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Saturday, the 08th day of March, 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE D.BHARATHA CHAKRAVARTHY and Members :

Mr.N.Balasubramanian (Retd. District Judge) Mrs.S.Thenmozhi (Advocate) (Appeal against the judgment and decree passed on 18.02.2022 made in M.C.O.P.No. 1150 of 2017 on the file of the Motor Accidents Claims Tribunal at Cuddalore. (Principal Sub - Court) The Divisional Manager, The New India Assurance Co.Ltd., Divisional Office, Puducherry - 1.

... Appellant / 2nd respondent

Versus

1.K.Karthikeyan, S/o.Krishnamoorthy ... 1st Respondent / Petitioner 2.T.Sabanayagam, S/o.Thangavel ... 2nd Respondent / 1st Respondent This case came up for settlement before the National Lok Adalat. Both the parties are present. Mr.S.Dhakshnamoorthy, the learned 1/5

Counsel for the appellant is 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 the learned Counsel for the appellant Insurance Company are present.

2. The Insurance company has challenged the award of Rs.17,24,228/-.

3.

As against the award amount of Rs.17,24,228/- with further interest thereon, the parties have settled for a sum of Rs.14,00,000/- with further interest at the rate of 7.5 % p.a. from the date of the petition. 4.

Already, the appellant has deposited 50% of the award amount to the credit of the above MCOP No.1150 of 2017. The balance amount shall also be deposited within a period of eight weeks from the date of receipt of a copy of this award. The first respondent / claimant will be entitled to receive the entire sum along with accrued interest thereon and the amount shall be credited to be bank account of the first respondent 2/5

upon filing of a Memo along with award without insisting for a formal application for payment.

The Civil Miscellaneous Appeal is disposed of accordingly. The Divisional Manager, The New India Assurance Co.Ltd., Divisional Office, Puducherry - 1. Counsel for the Appellant 1.K.Karthikeyan 2.T.Sabanayagam Counsel for the Respondents 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 3/5

To: The parties/Advocate concerned Copy to:

1. Motor Accidents Claims Tribunal at 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. +7 copies grs / veda 4/5

D.Bharatha Chakravarthy, J.

grs / veda C.M.A.No. 1534 of 2023 08.03.2025 5/5