The Oriental Insurace Co. Ltd v. Sankar

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th day of December, 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 P.B.BALAJI and Members Mr.N.Balasubramanian, District Judge (Retd) Mr.P.Kannan, Advocate CMA.No.487 of 2023 & 2152 of 2022 Appeal against the Judgment and decree dated 29.11.2021 passed in M.C.O.P.No.62 of 2019 on the file of the Motor Accident Claims Tribunal (Principal Subordinate Judge, Vridhachalam). CMA.No.487 of 2023:

The Oriental Insurance Company Limited, ...Appellant Vs.

1.Sankar 2.M/s.Venu Carriers, Represented by the Managing Partner

V.Narayanamurthy, No.1/25A, Upstairs, Vailankanni Road, Puthur, Andanpettai Village, Nagapattinam District.

...Respondents

CMA.No.2152 of 2022:

Shankar ...Appellant Vs.

1.M/s.Venu Carriers, Represented by the Managing Partner V.Narayanamurthy, No.1/25A, Upstairs, Vailankanni Road, Puthur, Andanpettai Village, Nagapattinam District.

2.The Oriental Insurance Company Limited,

...Respondents

This cases are taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.M.Krishnamoorthy, learned counsel for the appellant in CMA.No.487 of 2023 and for 2nd respondent in CMA.No.2152 of 2022, Mr.S.Udhayakumar, learned counsel for the appellant in CMA.No.2152 of 2022 and the 1st respondent in CMA.No.487 of 2023. 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 Insurance Company is on appeal, challenging the award of the Tribunal for a sum of Rs.21,53,433/- (Rupees Twenty One Lakhs Fifty Three Thousand Four Hundred Thirty Three only) in M.C.O.P.No.62 of 2019 dated 29.11.2025.

2. Today, the parties have negotiated for an amicable settlement, pursuant to which, claimant shall be entitled to Rs.20,00,000/- (Rupees Twenty Lakhs only), together with proportionate interest and costs.

3. The appellant/Insurance Company is directed to deposit the modified amount of Rs.20,00,000/- (Rupees Twenty Lakhs only), together with interest and costs, within a period of six weeks from the date of receipt of a copy of this award.

4. On such deposit, the claimant/appellant is permitted to withdraw the modified award amount without filing any formal petition, along with Tribunal award amount. Award is passed accordingly. 5.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, without insisting on any formal

permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. The connected miscellaneous petition is closed, if any. 6.In view of CMA.No.487 of 2023 has been settled, CMA.No.2152 of 2022 is dismissed.

Shankar Counsel for the Appellant/Claimant in CMA.No.2152 of 2022 & 1st respondent in CMA.No.487 of 2023 The Oriental Insurance Company Limited, Counsel for the Appellant/Insurance Company in CMA.No.487 of 2023 & 2nd respondent in CMA.No.2152 of 2022 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.

Judge Member Member To:

The parties/Advocate concerned Copy to:

1.The Motor Accident Claims Tribunal (Principal Subordinate Judge, Vridhachalam).

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 ata

P.B.BALAJI., ata CMA.No.487 of 2023 & 2152 of 2022 13.12.2025