Reliance General Insurance Co., Ltd., Chennai v. Anthony Balan
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 9th March 2019 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable Mr.JUSTICE M.DHANDAPANI and Members:
1.Mr.N.Sivathanu 2.Mr.S.Arokiamaniraj C.M.A.No.426 of 2017 (Appeal against the Judgment and decree passed on 01.07.2016 in M.C.O.P.No.5684 of 2011 on the file of the II Special Judge, Small Causes Court, Chennai/ Motor Accident claims Tribunal.) Reliance General Insurance Company Ltd Chennai -6 ... Appellant /vs/
1. Anthony Balan
2. Sathyamoorthy ... Respondents With the consent of both the parties, the case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.S.Arunkumar learned counsel for appellant is present and Mr.A. Sekar, learned counsel for the 1st respondent is 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.4,56,693/- with interest at the rate of 7.5% per annum to the claimants and directed the appellant herein to deposit the award amount within a period of two months from the date of the award. Challenging the said award, the appellant/Insurance Company has preferred the present appeal.
2. Both the parties are present before us. The appellant Insurance company has already deposited a sum of Rs.3,27,720/-. The appellant Insurance company has agreed to settle this appeal for a further sum of Rs.28,000/- in full quit, in favour of the first respondent/claimant, in addition to the amount already deposited.
3. The respondent/claimant is permitted to withdraw the entire award amount, without filing any formal petition. Award is modified accordingly.
4. The Tribunal is directed to transfer the above said award amount to the Bank account of the respondent/ claimant by way of NEFT/ RTGS, on proper identification, in accordance with the terms of the award, without insisting on any formal permission petition.
5.The Civil Miscellaneous Appeal is disposed of accordingly. No Costs. Consequently, connected Miscellaneous Petition, if any, is closed.
Reliance General Insurance Company Ltd Chennai-6 Counsel for the appellant Anthony Balan Counsel for the respondent This National 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.II Special Judge, Small Causes Court, Chennai/ Motor Accident claims Tribunal 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
M. DHANDAPANI,J.
Vrn/at C.M.A.No.426 of 2017 09.03.2019