M/S. Reliance General Ins. Co Ltd., Chennai v. S.P.K.Karuppaiah
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 11th day of March, 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mrs.Justice R.KALAIMATHI and Members Mr.M.Sambasivam, District Judge (Retd) Mr.Sai Srujan TAYI, Advocate C.M.A.No.1973 of 2017 Appeal against the Judgment and decree in M.C.O.P.No.2159 of 2013 dated 23.06.2016 on the file of the Motor Accident Claims Tribunal / II Court of Small Causes, Chennai.
The Manager, M/s.Reliance General Insurance Company Limited, ''Reliance House'', No.6, Haddows Road, 6th Floor, Nungambakkam, Chennai-34.
...Appellant Vs.
1.S.P.K.Karuppaiah 2.R.Muniyasamy
...Respondents
This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.Suresh Srinivasan for M/s.M.B.Gopalan Associates, learned counsel for appellant/Insurance Company and Mr.A.A.Venkatesan, learned counsel for the 1st respondent / claimant 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 The Tribunal has awarded a sum of Rs.11,50,000/- with interest at 7.5% per annum from the date of numbering of petition till the date of realisation as compensation. Aggrieved by the award of the Tribunal, the appellant had preferred the present appeal.
2. After due deliberation and consultation, both the parties have agreed to modify the award to a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) with interest at 7.5 % p.a., as compensation.
3. The Appellant / Insurance Company had already deposited the entire award amount with interest and cost before the Tribunal.
4. The 1st respondent / claimant is permitted to withdraw the modified amount of Rs.10,00,000/- with accrued interest before the Tribunal without filing any formal petition.
5. The appellant/Insurance Company is entitled to refund of Rs.1,50,000/- with accrued interest before the Tribunal without filing any formal petition.
6. The Tribunal is directed to transfer the amount through RTGS/NEFT to the parties concerned on proper identification in accordance with the terms of the award, with out insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. 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 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. The Manager, M/s.Reliance General Insurance Company Limited, ''Reliance House'', No.6, Haddows Road, 6th Floor, Nungambakkam, Chennai-34.
Counsel for the Appellant 1.S.P.K.Karuppaiah Counsel for the 1st Respondent Judge Member Member To:
The parties/Advocate concerned Copy to:
1.The Motor Accident Claims Tribunal, II Court of Small Causes, Chennai. 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 ssn
R.KALAIMATHI,J., ssn C.M.A.No.1973 of 2017 11.03.2023