The Branch Manager v. Naveenkumar
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 8th day of June 2024 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE P. DHANABAL and Members Mr.S.Baskaran District Judge (Retd.) Mr. M. Nallathambi Advocate C.M.A.No.976 of 2020 (Appeal against the award dated 28.04.2018 made in M.C.O.P.No.21 of 2015 on the file of the Motor Accident Claims Tribunal, Additional Sub Court, Tiruppur.
The Branch Manager, Reliance General Ins. Co. Ltd.
No.14/71, 1st Floor, Gee Jay Arcade, TV Samy Road West, R.S.Puram, Coimbatore.
.. Appellant / 2nd Respondent
Vs.
1. Mr.Naveenkumar S/o.Sundarasamy ... I Respondent/Petitioner
2. M. V.Kanagaraj S/o.Venkatachalam .... II Respondent / I Respondent This case came up for settlement before the National Lok Adalat. Appellant and the first respondent are present. The learned counsel appearing for the appellant Ms.C.Bhuvanasundari and the first respondent Mr.M.Lokesh are present and R2 is set exparte. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:
TERMS OF SETTLEMENT Appellant and the first respondent are present. The learned counsel appearing for the appellant and the first respondent are present.
2. Originally, the Tribunal has awarded a total sum of Rs.16,00,000/- to be payable to the first respondent with cost and interest at the rate of 7.5% per annum as compensation. Challenging the award amount, the insurance company has preferred the above appeal.
3. After negotiation, the award is as follows: (i) The parties have agreed for a sum of Rs.17,00,000/- (Rupees
Seventeen Lakhs only) inclusive of interest and cost as full and final settlement and the appellant insurance company has already deposited an amount of Rs.11,27,777/- at the time of filing of appeal and the appellant insurance company is now ready to settle the balance amount of Rs.5,72,223/- as full quit. The first respondent has agreed to receive the said amount. (ii) The first respondent is at liberty to withdraw the said amount of Rs.17,00,000/- (Rupees Seventeen Lakhs only) (as full quit) by filing appropriate application before the Tribunal.
(iii) The Insurance company/ appellant is directed to deposit the entire award amount, less if any amount is already paid, within a period of Eight (8) weeks from the date of receipt of a copy of this order. The Branch Manager, Reliance General Ins. Co. Ltd.
No.14/71, 1st Floor, Gee Jay Arcade, TV Samy Road West, R.S.Puram, Coimbatore.
Counsel for the Appellant Mr.Naveenkumar S/o.Sundarasamy Counsel for the 1st Respondent This National Lok Adalat award is passed in terms of the above settlement.
The Court fee paid shall be refunded to the parties in the manner provided under 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.The Motor Accident Claims Tribunal, Additional Sub Court, Tiruppur. 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.
P. DHANABAL.J, Tsg C.M.A.No.976 of 2020 08.06.2024