The New India Assurance Company Limited v. Sumathi
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 11th day of March, 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mrs.JUSTICE R.KALAIMATHI and Members Mr.M.Sambasivam, District Judge (Retd) Mr.Sai Srujan TAYI, Advocate CMA.No.2958 of 2022 Appeal against the Judgment and decree dated 07.07.2022 passed in M.C.O.P.No.1194 of 2016 on the file of the Motor Accidents Claims Tribunal Judge, (Special Sub Court-II, for MCOP Cases) Small Causes Court, Chennai.
The New India Assurance Co. Ltd., No.45, Moore Street, Chennai-600 001.
...Appellant Vs.
1.Sumathi 2.Minor Gayathri 3.Minor Vishnuprasath 4.P.Suresh
...Respondents
This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.J.Michael Visuvasam, learned counsel for appellant and Mr.B.Gurunathan for R.K.Devarajan, learned counsel for the respondents 1 to 3 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.19,57,200/- with interest at 7.5% per annum from the date of petition till the date of decree and costs as compensation. Aggrieved by the award of the Tribunal, the appellant had preferred the present appeal.
2. After due deliberation and consultation, both the parties have agreed to modify the award to a sum of Rs.15,57,200/- (Rupees Fifteen Lakhs Fifty Seven Thousand and Two Hundred Only) with interest till date as compensation as per the proportionate amount granted by the Tribunal.
3. The appellant is directed to deposit the above said accepted award amount of Rs.15,57,200/- (Rupees Fifteen Lakhs Fifty Seven Thousand and Two Hundred Only) with interest till date after deducting the amount already deposited if any, within a period of eight weeks from the date of receipt of a copy of this award.
4. On such deposit, the respondent is permitted to withdraw the modified amount without filing any formal petition as per the proportionate amount granted by the Tribunal. 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. The New India Assurance Co. Ltd., No.45, Moore Street, Chennai-600 001.
Counsel for the Appellant 1.Sumathi 2.Minor Gayathri 3.Minor Vishnuprasath Counsel for the respondent Judge Member Member 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.
To:
The parties/Advocate concerned Copy to:
1.The Motor Accidents Claims Tribunal Judge, (Special Sub Court-II, for MCOP Cases) Small Causes Court, 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/gd
R.KALAIMATHI.J., kmm/gd C.M.A.No.2958 of 2022 11.03.2023