National Insurance Co.Ltd., Salem v. Mariappan
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Tuesday, the 18th day of June, 2019 LOK ADALAT ORDER (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE A.RAMAMURTHI(Retd.) and Member Mrs.M. Nirmala Kumari CMA.No.1601 of 2017 Appeal against the Judgment and Decree dated 28.11.2013 made in O.P.No.75 of 2009 on the file of the Motor Accident Claims Tribunal ( Sub Court) Mettur.
National Insurance Company Ltd., Branch Office, No.1, Thanthai Periyar Complex, Near Old Bus stand, Salem -1 ... Appellant/2nd Respondent Vs.
1.Mariappan 2.Palaniammal,
3. Minor. Sudhakar
4. Minor. Thangadhurai
5. P.Krishnan.
... Respondents/Claimants This case has been listed today and came up for settlement before the Lok Adalat. Learned counsel for the appellant Mrs.N.B.Surekha and the learned counsel for respondents V.R.Anna Gandhi and G.Loganathan for respondents 1 and 2. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:
ORDER
Both parties and their respective counsel represented. The Insurance Company has preferred the present appeal, aggrieved against the award of Rs.11,70,000/-( Eleven Lakhs and seventy
thousand only) with interest. Now, the parties agreed to modify the award for Rs.8,25,000/-( Eight lakhs and twenty five thousand only) with interest @ 7.5% interest per annum, from the date of petition till date of deposit and also the entire costs.
2. The Insurance Company is directed to deposit the modified award amount, interest and entire costs, less the amount already deposited, within four weeks from the date of receipt of copy of the award.
3. On such deposit the claimants are entitled to withdraw their respective share as ordered in the Court below. It is represented that claimants 3 and 4 have attained majority and the Court below is directed to get necessary records and if they are major declare them as major and disburse the amount. The award is modified accordingly.
4. The Tribunal is directed to issue the amount through cheque / RTGS to the parties concerned on proper identification in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly.
Sd/- National Insurance Company Ltd., Branch Office, No.1, Thanthai Periyar Complex, Sd/- Near Old Bus stand, Salem -1.
Counsel for Appellant Vs.
Sd/- 1.Mariappan LTI/- 2.Palaniammal,
3. Minor. Sudhakar
4. Minor. Thangadhrai ...Rep by R1 Mariappan Sd/- Counsel for Respondents The full Court fee shall be refunded to the plaintiff 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 and there shall be no demand for additional Court fee.
Sd/- Judge Sd/- Member Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To:
1.The Motor Accident Claims Tribunal9Sub Court) Mettur. 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 +1cc to Mr.VR.Annagandhi, Advocate Sr.49919 C.M.A.No.1601 of 2017 mr[co] srg 26/07/2019