Sivasankari v. Tata Aig General Ins., Co., Ltd., Puducherry
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th December 2019 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE G.K. ILANTHIRAIYAN and Members Mr.A.Manivasakan, District Judge (retd) Mrs.Sudharshana Sunder C.M.A.NO.717 OF 2017 (Appeal against the award and decree passed on 12.12.2016 made in MCOP.No.698 of 2011 on the file of the Motor Accidents Claims Tribunal, Additional Sub Judge, Puducherry.
Sivasankari ..
Appellant /versus/ 1.Deelkumar 2.TATA AIG General Insurance Co., Ltd., No.202, Ground Floor, 100 feet road, Mudaliarpettai, Puducherry 605004 ..
Respondents This matter is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.R.Sreedhar, the learned counsel for appellant claimant and the learned counsel for the first respondent is absent and Mr.K.Vinod, the learned counsel for the second respondent Insurance company. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:
JUDGMENT
The Tribunal has awarded a compensation of Rs.1,94,000/- with interest at the rate of 7.5% per annum to the appellant/claimant payable by the second respondent Insurance company with a right to recover the same from the first respondent, the owner of the vehicle. Being dissatisfied with the award amount, the appellant claimant has filed the present appeal seeking enhancement of the same.
2.After due deliberation and consultation, both the parties have agreed to settle the award amount to a sum of Rs.5,00,000/- in full quit over and above the compensation awarded by the Tribunal and the same is hereby awarded. http://www.judis.nic.in The award is enhanced accordingly.
G.K.ILANTHIRAIYAN, J.
lok/rts 3.It is reported that the second respondent Insurance company has already deposited the amount awarded by the Tribunal along with interest. In view of the same, the second respondent insurance company is directed to deposit Rs.5,00,000/-, within a period of six weeks from the date of receipt of a copy of this order. On such deposit being made, the Tribunal shall transfer the amount lying in the deposit and also the amount already deposited by the Insurance company to the savings bank account of the first respondent/claimant through RTGS forthwith, on proper identification, in accordance with the terms of the award, without insisting on any formal permission petition. 4.Accordingly, the Civil Miscellaneous Appeal is disposed of. Sivasankari Counsel for Appellant TATA AIG General Insurance Co., Ltd., No.
202, Ground Floor, 100 feet road, Mudaliarpettai, Puducherry 605004 Counsel for the 2nd respondent 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.
1.The Motor Accidents Claims Tribunal, Additional Sub Judge, Puducherry. 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.717 OF 2017 14.12.2019 http://www.judis.nic.in