M/S.Bajaj Allianz General Insurance Company Limited v. Annadurai

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.326 of 2022 Appeal against the Judgement and decree dated 27.07.2022 passed in M.C.O.P.No.2964 of 2017 on the file of the Motor Accidents Claims Tribunal Judge, Principal Sub Court, Cuddalore. M/s.Bajaj Allianz General Insurance Co. Ltd., 'Isana Kattima Building', V floor, No.497/498, Poonamallee High Road, Arumpakkam, Chennai - 600 106.

...Appellant Vs.

1.Annadurai 2.Janarthanan

...Respondents

This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.Michael Visuvasam, learned counsel for the appellant 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.14,82,732/- 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.11,00,000/- (Rupees Eleven Lakhs Only) with interest 7.5% per annum from the date of petition till date as compensation.

3. The appellant is directed to deposit the above said accepted award amount of Rs.11,00,000/- (Rupees Eleven Lakhs Only), with interest till date after deducting the amount already deposited if any, within a period of eight weeks the date of receipt of a copy of this award.

4. On such deposit, the first claimant/first respondent is permitted to withdraw the modified amount without filing any formal petition. 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.Bajaj Allianz General Insurance Co. Ltd., 'Isana Kattima Building', V floor, No.497/498, Poonamallee High Road, Arumpakkam, Chennai - 600 106.

Counsel for the Appellant Annadurai 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, Principal Sub Court, Cuddalore.

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 CMA.No.326 of 2023 11.03.2023