The Branch Manger v. Tmt.Thilagavathi

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 9th March 2019 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable Mr.JUSTICE M.DHANDAPANI and Members:

1.Mr.N.Sivathanu 2.Mr.S.Arokiamaniraj C.M.A.No.2195 of 2017 (Appeal against the Judgment and decree passed on 04.11.2016 in M.C.O.P.No.691 of 2013 on the file of the Special Court dealing with Motor Accident Claims, Thiruvannamalai) The Branch Manager Reliance General Insurance Company Ltd Vellore ... Appellant /vs/ Thilagavathy ... Respondent With the consent of both the parties, the case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.M.B. Gopalan, learned counsel for appellant is present and Mr.N.Nilavu Arasu, learned counsel for the respondent is 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.3,22,243/- with interest at the rate of 7.5% per annum to the claimants and directed the appellant herein to deposit the award amount within a period of two months from the date of the award. Challenging the said award, the appellant/Insurance Company has preferred the present appeal.

2. Both the parties are present before us. After due deliberation and consultation, both the parties have agreed to modify the award amount to a sum of Rs.2,75,000/- with interest (Rupees Two Lakhs Seventy Five Thousand Only) and the same is awarded. The appellant /Insurance Company is entitled to withdraw the balance amount with interest.

3. The respondent/claimant is permitted to withdraw the modified award amount, without filing any formal petition. Award is passed accordingly.

4. The Tribunal is directed to transfer the above said award amount to the Bank account of the respondent/ claimant by way of NEFT/ RTGS, 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. No Costs. Consequently, connected Miscellaneous Petition, if any, is closed.

The Branch Manager Reliance General Insurance Company Ltd Vellore Counsel for the appellant Thilagavathy Counsel for the respondent This National 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.

Judge Member Member To:The parties/Advocate concerned Copy to:

1.Special Court dealing with Motor Accident Claims, Thiruvannamalai 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

M. DHANDAPANI,J.

Vrn/at C.M.A.No.2195 of 2017 09.03.2019