The United India Insurance Co Ltd, v. Imam Sherif

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 8th June 2024 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE P.B.BALAJI and Members Miss.V.Ahalya, District Judge (Retd.) Ms.S.Farhath, Advocate CMA.No.584 of 2023 (Appeal against the judgment and decree passed in M.C.O.P.No.157 of 2014 dated 30.09.2021 on the file of the Motor Accident Claims Tribunal/Additional Subordinate Judge, Kallakurichi). The United India Insurance Co.Ltd., Kallakurichi.

... Appellant Vs 1.Imam Sherif 2.K.Ayyasamy

...Respondents

This case is taken up for settlement before the National Lok Adalat. Mr.M.Krishnamoorthy, learned counsel for the Appellant and Mr.M.Madhankumar for Mr.M.Senthil Kumar, learned counsel for the first Respondent are present before this Court.

TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.12,13,500/- along with interest at the rate of 7.5% per annum, for the injury sustained by the first respondent. Aggrieved by the said award amount, the Appellant/Insurance Company preferred this Appeal.

2. After discussion and deliberation, the parties have arrived at a settlement and now resolved to fix the compensation of Rs.12,00,000/- (Rupees Twelve Lakhs Only) in full quit.

3. The appellant/Insurance Company is directed to deposit the sum of Rs.12,00,000/- (Rupees Twelve Lakhs Only) within a period of eight weeks, less any amount already deposited.

4. On such deposit being made, the Tribunal is directed to transfer the amount through RTGS/NEFT to the first respondent's bank account on proper identification of them, in accordance with the terms of the award, without insisting on any formal petition.

5. The first respondent/first claimant is entitled to withdraw the entire amount of Rs.12,00,000/- (Rupees Twelve Lakhs Only). Consequently, connected miscellaneous petition, if any, is closed.

6. The appellant/Insurance Company will be entitled to pay the same and thereafter recover from the owner of the vehicle/second respondent.

(6th paragraph added as per order dated 14.06.2025 made in CMA. No.584 of 2023) The United India Insurance Co.Ltd., Kallakurichi.

Counsel for the Appellant

Imam Sherif Counsel for the first Respondent This Lok Adalat award is passed in terms of the above settlement. The full Court fees paid shall be refunded to the parties in the manner provided under 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.The Motor Accident Claims Tribunal/Additional Subordinate Judge, Kallakurichi 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

P.B.BALAJI, J.

rkp CMA.No.584 of 2023 08.06.2024 HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI

National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of June, 2025 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) The Hon'ble Mr.JUSTICE P.B.BALAJI C.M.A.No.584 of 2023 This Civil Miscellaneous Appeal is filed under Section 173 of the Motor Vehicles Act, 1988, to set aside the judgment and decree in M.C.O.P.No.157/2014 dated 30.09.2021 on the file of the Motor Accidents Claims Tribunal (Additional Subordinate Judge) The United India Isurance CO.Ltd, Kallakurichi ... Appellant Vs.

1.Imam Sherif 2.K.Ayyasamy ..Respondents This case came up for settlement before the National Lok Adalat. Mr.M.Krishnamoorthy learned counsel appearing for the appellant.

ORDER

The matter is listed today under the caption for 'being mentioned'.

2. The Civil Miscellaneous Petition is settled before the National Lok Adalat and award was passed on 08.06.2024.

3. The learned counsel for the petitioner/Insurance Company submitted that the terms of "pay and recovery" was inadvertently left out and the same may be included as per the award of the Tribunal. Hence, Registry is directed to carry out aforesaid correction in C.M.A. No.584 of 2023 dated 08.06.2024 and issue a fresh copy of the order. 14.06.2025 Copy to:

1. The Motor Accident Claims Tribunal (Court of Small Causes, Special Judge Court - I) 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 kmm/rkp