The Branch Manager v. Murali

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 (Retd.) Mr.Pa.Kadirvel C.M.A.No.2470 of 2018 (Appeal against the Judgment and decree passed on 12.06.2018 in M.C.O.P.No.239 of 2016 on the file of Motor Accident Claims Tribunal (Additional District Judge), Hosur.

The Branch Manager, United Insurance Company Limited, Micro Office 104A, Lakshmi Complex, Peelamedu, Pudur, Coimbatore - 641 004.

C/o. The Divisional Manager, United Insurance Company Limited, Durga Bhavani Square, Opposite Railway Station, Denkanikottai Road, Hosur 631 109.

.. Appellant Vs.

1.Murali 2.S.Bharanidharan (Set exparte before the Tribunal) .. Respondents This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr.C.Paranthaman, learned counsel for appellant and Mr. B.Gnana Vinothan for Mr.V.Nicholas learned counsel for 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.22,72,826/- with interest at the rate of 7.5% per annum from the date of petition till the date of deposit as compensation causing grievous injury to the 1st respondent herein. Challenging the said award, the appellant/Insurance Company has preferred the present appeal.

2. Both the parties are present before us. In the National Lok Adalat, both parties have amicably settled and agreed to receive a sum of Rs.24,00,000/-(Rupees Twenty Four Lakhs only) as full quit. It is represented by the Insurance company that the entire amount has already been deposited including interest to the credit of this proceeding before the Tribunal. Since the appellant / Insurance Company has already deposited a sum more than the amount settled in this matter towards full quit of the claim. The balance amount standing to the credit of this proceeding is ordered to be refunded to the appellant / Insurance Company, after settlement of the amount due to the 1st respondent herein.

3.On such deposit, the respondent / claimant is permitted to withdraw the modified award amount without filing any formal petition before the Tribunal within a period of four weeks from the date of receipt of copy of this order. 4.The Tribunal is directed to transfer the amount through RTGS/NEFT to the party 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 Branch Manager United India Insurance Company Ltd., Micro Office 104A, Lakshmi complex, Peelamedu, Pudur, Coimbatore - 641 004.

C/o.The Divisional Manager, United Insurance Company Limited, Durga Bhavani Square, Opposite Railway Station, Denkanikottai Road, Hosur 631 109.

Counsel for the appellant Murali Counsel for the respondent 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 Accident 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.

drl/asi C.M.A.No.2470 of 2018 09.03.2019