Reliance General Insurance Co.Ltd., v. Swaminathan
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of June 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 V. LAKSHMINARAYANAN and Members Mr. M.Sambasivam, District Judge (Retired) Ms.C.P.Kavitha Renjani, Advocate C.M.A.No.776 of 2024 (Appeal against the Judgment and Decree passed on 01.08.2023 in M.C.O.P.No.2931 of 2020 on the file of the Motor Accidents Claims Tribunal, Chief Judge, Court of Small Causes, Chennai.
Reliance General Insurance Company Limited, No.6, Reliance House, 4th Floor, Hadows Road, Nungambakkam (Opp.Sasthri Bhavan), Chennai-600 034.
... Appellant Vs.
1.Swaminathan(deceased) 2.Nithisha 3.Subashree 4.S.Munirathinam
...Respondents
(Respondents 2 and 3 are declared major and they are bring on record the legal heirs of the deceased first respondent vide this order) 1/4
On representation of the counsel for both sides this case is taken up for settlement before the Lok Adalat. Both the parties are present. Mr.P.Suresh Srinivasan, learned counsel for the appellant and Ms.E.Saraswathi, learned counsel for the respondents are 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.35,10,000/- with interest at 7.5% per annum from the date of petition till the date of deposit and costs as compensation. Aggrieved by the Award of the Tribunal, the appellant/Insurance Company had preferred the present appeal seeking modification.
2. Pending the appeal, the second respondent/Nithisha, who was born on 03.03.2005 and the third respondent/Subashree, who was born on 21.06.2006 have attained the age of majority. Hence, the respondents 2 and 3 are declared as majors. The first respondent/Swaminathan passed away on 13.04.2024. As the legal heirs of the first respondent /Swaminathan, who are the second and third respondents, are already on record and as they are majors, no separate petition need to be filed for bringing on record the legal representatives of the deceased first respondent/Swaminathan.
3.After due deliberation and consultation, both the parties have agreed for full quit for a sum of Rs.29,75,000/- (Rupees Twenty Nine Lakhs Seventy Five Thousand only).
4.It is reported by the appellant/Insurance Company that they had already deposited a sum of Rs.33,14,618/- to the credit of MCOP.No.2931 of 2020 on the file of the Court of Small Causes, Chennai. 2/4
5.The claimants/respondents 2 and 3 each are permitted to withdraw 50% of the amount arrived at forthwith, without filing any formal petition. Award is passed accordingly.
6.The appellant/Insurance Company is permitted to withdraw the balance amount over and above Rs.29,75,000/-.
7. 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. Reliance General Insurance Company Limited, No.6, Reliance House, 4th Floor, Hadows Road, Nungambakkam (Opp.Sasthri Bhavan), Chennai-600 034.
Counsel for the Appellant 1.Nithisha 2.Subashree 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 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 nl 3/4
To:The parties/Advocate concerned Copy to:
1.The Motor Accidents Claims Tribunal, Small Causes Court, Chennai. 2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R. Section, Madras High Court, Chennai. 4.The Section Officer, Lok Adalat Section, Madras High Court, Chennai.+2 copies C.M.A.No.776 of 2024 14.06.2025 4/4