Reliance General Insurance v. Saravanan

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Friday, the 18th day of March 2022 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE S.MARIMUTHU(Retd.) and Members Mr.S.Sathyamurthy, District Judge (Retd) C.M.A.No.3189 of 2017 (Appeal against the judgment and decree passed on 15.03.2017 made in M.C.O.P.No.3302 of 2017 on the file of the Motor Accidents Claims Tribunal, III Court of Small Causes, Chennai) M/s.Reliance General Insurance Company Limited, No.570, Nalgaum Cross Road, Next to Royal Industrial Estate, Wadala (W), Mumbai - 400 031.

D.O.Rais Towers, Plot No.2054, Second Avenue, Anna Nagar, Chennai - 600 040.

.. Appellant Vs.

1. Saravanan

2. Elumalai (R2, set exparte before the Tribunal .. Respondents This case came up for settlement before the Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr.M.Saravanan for Mr.N.Vijayaraghavan and the learned counsel for the respondent Mr.P.Nagaraj for Mr.Terry Chella Raja 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 Insurance company is the appellant. Questioning the award passed by the Tribunal for a sum of Rs.8,81,200/- with 7.5% per annum.

2. After the award was passed in the Tribunal, the appellant/Insurance company has deposited a sum of Rs.11,95,686/- in the Tribunal.

3. Now, both the parties before this forum after discussion agreed for the settlement as detailed below.

4.

Out of the deposited amount of Rs.11,95,686/-, the claimant/respondent is entitled to withdraw a sum of Rs.7,50,000/-with entire banking interest and the appellant/Insurance company is entitled to withdraw a sum of Rs.4,45,686/- only. The 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.

M/s.Reliance General Insurance Company Limited, No.570, Nalgaum Cross Road, Next to Royal Industrial Estate, Wadala (W), Mumbai - 400 031.

D.O.Rais Towers, Plot No.2054, Second Avenue, Anna Nagar, Chennai - 600 040.

Counsel for the Appellant Saravanan Counsel for the Respondent 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

S.MARIMUTHU, J.(Retd.) drl To:The parties/Advocate concerned Copy to:

1. The Motor Accidents Claims Tribunal, III 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 C.M.A.No.3189 of 2020 18.03.2022