The Divisional Manager v. Sakthivel Alias Vel
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 19.02.2024 made in M.C.O.P.No. 1581 of 2018 on the file of the Motor Accidents Claims Tribunal, Special District Court No.1, Cuddalore.) The Divisional Manager, The New India Assurance Co. Ltd., Pondicherry Division Office, TP Claims Hub, 179, JN Street, 3rd Floor, Pondicherry - 1.
... Appellant / 2nd respondent
Versus
1.Sakthivel @ Vel ... 1st Respondent / Petitioner 2.Saravanan ... 2nd Respondent / 1st Respondent This case came up for settlement before the National Lok Adalat. Both the parties are present. Mr.Dhakshnamoorthy Subramaniam, 1/5
the learned Counsel for the appellant and M/s. Ramya V. Rao, the learned Counsel for the first 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 Both the parties and the respective learned Counsels are also present.
2. The Insurance company has challenged the award of Rs.19,95,000/-.
3.
As against the award amount of Rs.19,95,000/- with further interest, the parties have settled for a sum of Rs.15,60,000/- with further interest at the rate of 7.5% p.a. from the date of the petition. Already, a sum of Rs.25,000/- has been deposited by the Insurance Company pursuant to the award. The balance sum shall be deposited within a period of eight weeks from the date of receipt of a copy of this award. Upon deposit of the balance amount, the claimant will be entitled for the entire amount and the amount credited to the Bank Account shall be disbursed without insisting upon any formal application and only upon verification 2/5
of the identity. The amount is paid on pay and recovery basis. The Insurance Company will be entitled to recover the same from the first respondent / owner of the vehicle.
The Civil Miscellaneous Appeal is disposed of accordingly. The Divisional Manager, The New India Assurance Co. Ltd., Pondicherry Division Office, TP Claims Hub, 179, JN Street, 3rd Floor, Pondicherry - 1.
Counsel for the Appellant 1.Sakthivel @ Vel 2.Saravanan 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 3/5
Member Member To: The parties/Advocate concerned Copy to:
1. Motor Accidents Claims Tribunal, Special District Court No.1, 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. 711 of 2025 08.03.2025 5/5