National Insurance Company Limited v. Anbazhagan

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Saturday, the 14th day of JUNE, 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 M.Jeyapaul (Retd.) AND MEMBERS :

Mr.M.Pughazhendi, District Judge, (Retd.) Mrs.V.Pushpalatha, (Advocate) (Appeal against the judgement and decree, dated 25.11.2022 passed in M.C.O.P. No.43 of 2017 passed by the Motor Accidents Claims Tribunal, (Special District Judge) at Villupuram) M/s. National Insurance Company Limited, No.37, Pantheon Road, Egmore, Chennai 600 008.

... Appellant Vs 1.Anbazhagan 2.Manoharan 3.Mahendiran 4.Sathish Raja

5. Dilli Babu 6.Dhanakotti (R4-R6 set exparte before the trial court) ... Respondents This case came up for settlement before the Lok Adalat. Both parties present. Mr.R.Sreevidhya, learned counsel for the Appellant and M/s.T.K.Saravanan and S.Natarajan, learned counsel for the respondents 1 to 3 are present. 1/5

After mutual discussion and negotiation between both parties they arrived at a compromise to settle the matter as follows : (i) The 1st respondent and his children filed a claim petition before the Motor Accident Claims Tribunal claiming compensation of Rs.20,00,000/- with interest and costs. Aggrieved by the decision of the Motor Accident Claims Tribunal directing the Insurance Company to pay 60% of the award amount of Rs.17,62,800/-, the appellant herein filed the appeal before the Honourable High Court.

(ii) Both the parties having initiated negotiation, successfully arrived at the settlement of all the issues arisen in this case. The appellant has agreed to pay 45% of the award amount of Rs.17,62,800/- and the 4th and 5th respondents herein have agreed to pay 55% of the above award amount of Rs.17,62,800/-. (iii) Both the parties made a formal request to the Lok Adalat to pass an award in terms of the above settlement.

(iv)As a result, the award is passed hereby in terms of the above compromise arrived at between the parties directing the appellant/National Insurance Company Limited to pay 45% of the award amount of Rs.17,62,800/- and the 4th and 5th respondents herein are directed to pay 55% of the award amount of Rs.17,62,800/- in full quit. The appellant is entitled to receive the excess amount, if any, deposited before the trial court.

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(v) Further, the appellant herein is entitled to receive 45% of the award amount of Rs.17,62,800/- from the owner of another vehicle who has been impleaded as 6th respondent herein. The award amount shall be received by the respondents 2 and 3 as agreed by both the parties. (vi) Consequently, the appeal stands disposed of. (vii) The Court fee paid by the appellant be refunded. (viii) Accordingly, this Civil Miscellaneous Appeal is settled. Consequently, connected Miscellaneous petition is closed.

M/s National Insurance Company Limited Counsel for Appellant Anbazhagan Manoharan Mahendiran Counsel for respondents 1 to 3 This Lok Adalat award is passed in terms of the above settlement. The full court fee paid shall be refunded to the appellant in the manner 3/5

provided under Section 71-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 2 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, (Special District Judge) at Villupuram

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 msr/ep 4/5

Mr. JUSTICE M.JEYAPAUL (Retd.) msr/ep 14.06.2025 5/5