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Madras High CourtCMA(MD)/968/2013withdrawn dismissed

The Branch Manager v. R. Munusamy

2023-03-11Honourable Mrs Justice S.Srimathy2 pages

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 11th day of March 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Honourable Mrs Justice S.SRIMATHY and Members Mr.G.P.Elango, District Judge (Retired) and Mrs.M.Krishnaveni, Advocate CMA(MD) No.968 of 2013 (Appeal against the judgment and decree passed on 24/03/2010 in MCOP.679/2007 on the file of the II ADDITIONAL DISTRICT JUDGE (PCR), TIRUNELVELI) THE BRANCH MANAGER NATIONAL INSURANCE COMPANY LIMITED, KARUR. ...Appellant/s

Versus

R. MUNUSAMY VINAYAGARKOIL ST, VEERAPOKAM VILLAGE, PERUMPAKKAM POST, SEYYOOR TK, KANCHIPURAM DT, NOW AT POST OFFICE ROAD, THALAIUTHU POST, TIRUNELVELI DT. M. RANI VINAYAGARKOIL ST, VEERAPOKAM VILLAGE, PERUMPAKKAM POST, SEYYOOR TK, KANCHIPURAM DT, NOW AT POST OFFICE ROAD, THALAIUTHU POST, TIRUNELVELI DT. A. MANIKANDAN S/O. ARUJUN RAJA, 35/2, SANKARAN KOIL ROAD, INTUC NAGAR, RAJAPALAYAM, SRIVILLIPUTHUR DISTRICT.

THE DIVISIONAL MANAGER NATIONAL INSURANCE COMPANY LIMITED, 169, ANNA SALAI, CHENNAI - 600 002. M. GOMATHY SANKAR S/O. MURUGESAPILLAI, NO. 98/3, POLPETTAI, THOOTHUKUDI. IFFCOTOKIO INSURANCE COMPANY LIMITED, NO. 505, KAILASH BUILDINGS, 26, KG MARG, NEW DELHI - 110 001. S.S. MOHANRAJ S/O. SOUNDARAM ARASU, 3, M.G.R. NAGAR, ATTUR BYE-PASS ROAD, SEELANAIKENPATTY POST, SALEM DISTRICT.

...Respondent/s

This case came up for settlement before the Lok Adalat. The counsel for the appellant/s Mr.N.Murugesan, is present.

AWARD https://www.mhc.tn.gov.in/judis This Civil Miscellaneous Appeal is filed by the appellant / Insurance Company against the award dated 24/03/2010 in MCOP.679/2007 on the file of the II Additional District Judge (PCR), Tirunelveli.

Now, the appellant / Insurance Company is willing to withdraw the appeal and undertakes to deposit the award amount fixed by the Tribunal within a period of eight weeks. In view of the above submission, this Appeal is dismissed as withdrawn. The order of the Tribunal is confirmed. As per the order of the Tribunal, the appellant / Insurance Company is directed to deposit the entire award with 7.5% interest and costs, within a period of eight weeks from the date of receipt of a copy of this award, less the amount already deposited, if any. On such deposit being made, the respondents / claimants are entitled to withdraw their respective share amount without filing any formal permission petition.

THE BRANCH MANAGER NATIONAL INSURANCE COMPANY LIMITED, KARUR.

Counsel for the Appellant/s 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 Tamilnadu 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. The Original of the award shall be place in the court record and copy of the award, kept with High Court Legal Services Committee and one copy each is furnished to both parties free of cost. In agreement of the above, both parties and their counsel have affixed their signatures/ thumb impressions in presence of the Lok Adalat Bench admitting the terms and today conditions and accordingly, the award is passed.

JUDGE MEMBER MEMBER To: The Parties/Advocate concerned Copy To

1. II ADDITIONAL DISTRICT JUDGE (PCR), TIRUNELVELI.

2. The Officer-in-Charge, High Court Legal Services Committee, Madurai.

3. The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai. Typed By MARIAMMAL/GNS/KRK PA To The Hon'ble Judges https://www.mhc.tn.gov.in/judis