Madras High CourtCMA/2385/2018settled before the lokadalats

The Branch Manager v. P.M.Arun

2019-03-09Honourable Mr Justice Subramonium Prasad4 pages

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 09th March 2019 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable Mr.JUSTICE SUBRAMONIUM PRASAD and Members:

Mr.K.Paramaraj, District Judge (Rtd.) Mr.Pa.Kadirvel.

C.M.A.No.2385 of 2018 and CMP.No.18113 of 2018 (Appeal against the judgment and decree dated 03.03.2018 in M.C.O.P.No.32 of 2015 on the file of the Motor Accidents Claims Tribunal, Additional District Judge, Hosur.) The Branch Manager, United India Insurance Co.Ltd.

Bhuvaneswari Complex, No.2, Dr.Sankaran Road, Namakkal, Tamil Nadu -637001 C/o. The Divisional Manager United India Insurance Co. Ltd Durga Bhavani Square, Opp: Railway Station Denkanikotai Road, Hosur-635109.

...

Appellant Vs

1. P.M.Arun

2. Shanthi (Ex-parte)

3. The Managing Director Tamil Nadu State Transport Corporation Ltd.

Bharathipuram, Salem Main Road, Dharmapuri ...

Respondents This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.T.Ravichandran, learned counsel for appellant is present and Mr. Mukund R. Pandian, learned counsel for the respondents 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 Challenging the award of a sum of Rs.3,24,388/- granted towards the injury suffered by one P.M.Arun, the Insurance Company has filed the instant Civil Miscellaneous Appeal.

2. Both the parties are present before us. After due deliberation and consultation, both the parties have agreed to settle the claim for a sum of Rs.3,71,437/- (Rupees Three lakh seventy one thousand four hundred and thirty seven only) as full quit. It is informed by the learned counsel appearing for the insurance company that the said amount has already been deposited before the Tribunal. Out of the amount deposited, the Insurance Company will be withdrawing a sum of Rs.50,000/- and the balance amount can be withdrawn by the claimant.

3. 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. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

The Branch Manager, United India Insurance Co.Ltd.

1. P.M.Arun 2.The Managing Director Tamil Nadu State Transport Corporation Ltd.

Bharathipuram, Salem Main Road, Dharmapuri Counsel for the respondents This National 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 To:The parties/Advocate concerned Copy to:

1 The Motor Accidents Claims Tribunal, Additional District Court, Hosur. 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

SUBRAMONIUM PRASAD, J.

mrn/asi C.M.A.No.2385 of 2018 and CMP.No.18113 of 2018 09.03.2019