National Insurance Co Ltd v. Subhashini
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th day of September, 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE P.B.BALAJI and Members Mr.A.Manivasakan, District Judge (Retd) Mrs.V.Ambika, Advocate CMA No.2660 of 2025 Appeal against the Judgment and decree dated 10.01.2025 passed in M.C.O.P.No.5754 of 2019, on the file of the Motor Accidents Claims Tribunal, (Chief Judge, Court of Small Causes at Chennai). National Insurance Co.Ltd., Motor Third Party Claims, Greams Road, Chennai 600 006.
...Appellant Vs.
1.Subhashini 2.Balakrishnan 3.Lokeshwari 4.Ganesan 5.Prasad
...Respondents
(5th respondent remained ex-parte) 1/6
This case is taken up for settlement before the National Lok Adalat. Mr.Krishnamoorthy.M, learned counsel for appellant and Mr.K.Thenrajan, learned counsel for the respondents 1 to 4. The fifth respondent set ex-parte. 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 respondents 1 to 4/claimants suffered injuries in the motor accident filed M.C.O.P.No.5754 of 2019, on the file of the Motor Accidents Claims Tribunal, (Chief Judge, Court of Small Causes at Chennai) and the Tribunal has awarded a sum of Rs.12,49,000/- 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/Insurance Company had preferred the present appeal.
2. In the present appeal, the appellant/Insurance Company states that the amount awarded by the Chief Judge, Court of Small Causes at Chennai, is excessive. After due deliberation and consultation, both the parties have amicably reached the settlement over and above awarded by the Tribunal. The appellant/Insurance Company has agreed to pay a sum of Rs.14,00,000/- (Rupees Fourteen Lakhs only) in full quit, without interest.
2/6
3. The appellant/Insurance Company is directed to deposit the above said accepted enhanced award amount of Rs.14,00,000/- (Rupees Fourteen Lakhs only) in full quit and the appellant/Insurance Company has already deposited a sum of Rs.25,000/- and the balance amount, after deducting the amount already deposited, payable in terms of this Award without interest within a period of six weeks from the date of receipt of a copy of this award.
4. On such deposit, the respondents 1 to 4/claimants are permitted to withdraw the settlement amount without filing any formal petition. The apportionment shall be made as per the order of 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. 3/6
National Insurance Co.Ltd., Motor Third Party Claims, Greams Road, Chennai 600 006.
Counsel for the Appellant 1.Subhashini 2.Balakrishnan 3.Lokeshwari 4.Ganesan 5.Prasad Counsel for the Respondents 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.
Judge Member Member 4/6
To:
The parties/Advocate concerned Copy to:
1.The Motor Accidents Claims Tribunal, (Chief Judge, Court of Small Causes at 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 sli/sms 5/6
P.B.BALAJI.J sli/sms CMA No.2660 of 2025 13.09.2025 6/6