Madras High CourtCMA(MD)/771/2024settled before the lokadalats

Branch Manager v. Vijayakumar

2024-09-14Honourable Mrs Justice S.Ananthi (Retd.)3 pages

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 14th day of September 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Honourable Mrs Justice S.ANANTHI (Retd.) and Members Mr.K.R.Mathurasekaran, District Judge(Retired) , Mr.T.S.Mohamed Mohideen, Advocate CMA(MD) No.771 of 2024 (Appeal against the judgment and decree passed on 03/09/2022 in MCOP No.256/2020 on the file of the III ADDITIONAL SUB JUDGE, TIRUCHIRAPPALLI) BRANCH MANAGER National Insurance Company Limited, Divisional Office - II, 127, aruvi Block, 1st Floor, Bharathidasan Salai, Trichirappalli.

...Appellant

Versus

1.Vijayakumar 2.B. Thirupathi, 3.The Branch Manager M/s. Susi Authomobiles, 3, Dindigul Road, Trichirappalli.

...Respondents

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant Mr.V.Sakthivel and the counsel for the first respondent Mr.M.Jerin Mathew are present. After mutual discussion, negotiation, mediation and conciliation between both parties and with the assistance of the Bench, both sides consented for settlement. AWARD The Tribunal has awarded a sum of Rs.14,91,546.00 with interest at 7.5% per annum. Aggrieved over the same, the Insurance Company has preferred the present Civil Miscellaneous Appeal.

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2.Both the parties are present and they agreed to settle the matter for one time settlement for a sum of Rs.19,00,000/- (Rupees Nineteen lakhs only) in full quit.

3. It is stated by the learned counsel for the appellant that the entire award amount with interest has already been deposited before the court below. Out of the above agreed amount of Rs.19,00,000/-, the first respondent / claimant is entitled to withdraw a sum of Rs. 17,63,213/- from the Tribunal and for the balance amount of Rs.1,36,787/- (TDS), the appellant / Insurance Company is directed to issue TDS certificate to the first respondent / claimant for a sum of Rs.1,36,787/-. Upon receipt of the same, the first respondent / claimant is entitled for the above TDS amount of Rs.1,36,787/-.

4. The appellant / Insurance Company is permitted to withdraw the excess amount if any deposited before the court below.

5. The findings of the court below is confirmed in respect of all other aspects. BRANCH MANAGER National Insurance Company Limited, Divisional Office - II, 127, aruvi Block, 1st Floor, Bharathidasan Salai, Trichirappalli. Counsel for the Appellant Vijayakumar Counsel for first respondent 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.

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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. III ADDITIONAL SUB JUDGE, TIRUCHIRAPPALLI.

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 PJL/RMI/IAS PA To The Hon'ble Judges 3/3