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Madras High CourtCMA/2683/2022settled before the lokadalats

Tata Aig General Insurance Company Limited v. A.Silambarasan

2023-02-11Honourable Mr Justice Sathi Kumar Sukumara Kurup4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 11th February 2023 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE SATHI KUMAR SUKUMARA KURUP and Members Mr.M.Pughazhendi, District Judge (Retd.) Mr.R.Singaravelan, Senior Advocate C.M.A.No.2683 of 2022 (Appeal against the judgment and decree passed in M.C.O.P.No.1465 of 2018 dated 29.04.2022 on the file of the Motor Accidents Claims Tribunal (II Additional Subordinate Court), Cuddalore. M/s.TATA AIG General Insurance Company Limited, 'Samson Towers', II Floor, Pantheon Road, Egmore, Chennai-600 008.

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Appellant Vs 1.A.Silambarasan 2.Gowri ... Respondents This case is taken up for settlement before the National Lok Adalat. Mr.J.Michael Visuvasam, learned counsel for the Appellant and M/s.Ramya V.Rao, learned counsel for the Claimant/first Respondent are present before this Court.

TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.21,85,546/- along with interest at the rate of 7.5% per annum. Aggrieved by the said award amount, the Appellant/Insurance Company preferred this Appeal against the quantum of compensation.

2. During the pendency of the Appeal, the Insurance Company arrived at a settlement, thereby, the Claimant/Respondent has agreed to receive the modified sum of 23,00,000/- in full quit without interest.

3. It was agreed that the Claimant is entitled to the amount of Rs.23,00,000/- without interest.

4. The Appellant/Insurance Company is directed to deposit of Rs.23,00,000/- within a period of four weeks from today (11.02.2023).

5. The Claimant/Respondent is entitled to withdraw the entire sum of Rs.23,00,000/- without interest. Consequently, connected miscellaneous petition, if any, is closed.

M/s.TATA AIG General Insurance Company Limited, 'Samson Towers', II Floor, Pantheon Road, Egmore, Chennai-600 008.

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Counsel for Appellant Vs 1.A.Silambarasan 2.Gowri ...

Counsel for Respondents 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.The Motor Accidents Claims Tribunal, II Additional Subordinate Court), 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.+2 copies

SATHI KUMAR SUKUMARA KURUP, J.

dna/dh C.M.A.No.2683 of 2022 11.02.2023