The Branch Manager v. S. Udhayanidhi

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of September 2019 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE N.SATHISH KUMAR and Members Mr. P.T.Loganathan, District Judge (Retd.) Mrs.K.M.Valsala Kumari C.M.A.No.3195 of 2017 (Appeal against the Judgment and Decree dated 28.04.2017 passed in M.A.C.T.O.P.No.99 of 2014 on the file of the Motor Accidents Claims Tribunal, Spl. Sub Court, Krishnagiri.

The Branch Manager, Cholamandalam MS General Insurance Co. Ltd., Branch Office, Dharmapuri Town and District.

.. Appellant Vs.

1.Mr.Udhyanidhi 2.Mr.Chinnathambi ... Respondents This case is taken up for settlement before this Lok Adalat. Both the parties are present. Mr.J.Michael Visuvasam, learned counsel for appellant / insurance company/ claimant and Mr.Yuvaraj S.D., learned counsel for the respondents 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.10,75,600/- with interest at the rate of 9% per annum from the date of petition till the date of deposit. Aggrieved by the award of the Tribunal, the appellant has preferred the present appeal.

2. After due deliberation and consultation, both the parties have agreed to settle the dispute for a sum of Rs.10,00,000/- (Rupees ten lakhs only), full quit, against the award passed by the Tribunal.

3. The learned counsel for the appellant submitted that the award amount passed by the Tribunal has already been deposited with interest. The Appellant Insurance company is permitted to withdraw the remaining amount. The respondent shall be permitted to withdraw a sum of Rs.10,00,000/- as per the compromise before the lok adalt.

4. The Tribunal is directed to issue the cheque to the party 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 if any, is closed. Cholamandalam MS General Insurance Co. Ltd., Branch Office, Dharmapuri Town and District.

Counsel for the appellant Mr.Udhyanidhi Counsel for the respondent his 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 Accidents Claims Tribunal, Spl. Sub-Court, Krishnagiri 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

N.SATHISH KUMAR, J.

vrc/dpq C.M.A.No.3195 of 2017 14.09.2019