The Oriental Insurance Co.Ltd. v. R.Maniganda Prabhu
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 8th February 2020 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE C.SARAVANAN and Members Mr.N.Mohandoss, District Judge (Retd) Mr.Karthick Ranganathan C.M.A.No.2323 OF 2017 & C.M.P.No.12418 OF 2017 [Appeal against the judgment and decree passed on 01.04.2016 in M.C.O.P.No.157 of 2013 on the file of the Motor Accident Claims Tribunal, Special Judge, Vaniyambadi] The Oriental Insurance Co.Ltd., Rep by its Branch Manager, 1st Floor, 32/312, Vijayalakshmi Complex, 3rd Party Claim, HUB, Sathuvachari, 13th Street, Phase-II, Vellore.
... Appellant Vs.
1. R.Maniganda Prabhu
2. Karthiga
3. P.Kuppan ..Respondents This case was came for settlement before the Lok Adalat on 14.12.2019. On the same day, the matter was settled. For clarification, the matter is listed today before the Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr.S.Arun Kumar and learned counsel for the respondents Mr.V.V.Gunasekaran 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.8,55,750/- with interest at 6 % per annum from the date of petition till the date of deposit. It is represented by the learned counsel for the appellant that the amount has already been deposited a sum of Rs.8,55,750/- together with interest at 6% from 23.08.2013 till the date of deposit and cost before the Tribunal.
2. Not satisfied with the award of the Tribunal, the Insurance Company / appellant has preferred the present appeal to reduce. Now, both the parties have agreed to reduce the award amount to a sum of Rs.8,00,000/- (Rupees Eight Lakhs only) together with interest at the rate of 6% per annum as compensation.
3. The 1st claimant / 1st respondent is entitled to withdraw a sum of Rs.8,00,000/- (Rupees Eight Lakhs only) together with interest at the rate of 6% per annum. Since it is represented by the learned counsel for the appellant / Insurance Company that entire award amount with interest at the rate of 6% has already been deposited before the Tribunal, the appellant / Insurance Company is permitted to withdraw the remaining balance amount.
4.The Tribunal is directed to issue the cheques to the parties concerned 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. Consequently, connected Miscellaneous Petition is closed. The Oriental Insurance Co.Ltd., Rep by its Branch Manager, 1st Floor, 32/312, Vijayalakshmi Complex, 3rd Party Claim, HUB, Sathuvachari, 13th Street, Phase-II, Vellore.
Counsel for the Appellant R.Maniganda Prabhu Karthiga P.Kuppan Counsel for the respondents This 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 Member Member To:The parties/Advocate concerned Copy to:
1.The Motor Accident Claims Tribunal, Special Judge, Vaniyambadi 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. jen
C.SARAVANAN, J.
jen C.M.A.No.2323 of 2017 & C.M.P.No.12418 OF 2017 08.02.2020