Madras High CourtCMA(MD)/506/2023settled before the lokadalats

M/S Bajaj Allianz General Insurance Company Limitedd, v. S.Palaniyappan

2023-09-09Honourable Mrs Justice S.Srimathy2 pages

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 9th day of September 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.P.Mohandoss, District Judge(Retired) , M/s.C.Jeya Indira Patel, Advocate CMA(MD) No.506 of 2023 (Appeal against the judgment and decree passed on 13/12/2022 in MCOP.36/2022 on the file of the Motor Accident Claims Tribunal, SPECIAL SUB JUDGE, TIRUCHIRAPPALLI) M/S BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED, GVR Complex, No.6A, 2nd Floor, Lawsons Road, Cantonment, Trichy - 1. ...Appellant

Versus

1.S.Palaniyappan 2.M.Anbu Saravanan ...Respondents This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant M/s.K.R.Shivashankari and the counsel for the respondents Mr.M.Karthick 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.23,05,020/- (Rupees Twenty Three Lakh Five Thousand Twenty only). Aggrieved against the same, the Insurance Company has filed this Appeal. After negotiation between the parties, this matter is settled for a sum of Rs.19,90,000/- (Rupees Nineteen Lakh Ninety Thousand only), along with 7.5% interest. The appellant/insurance company has already deposited a sum of Rs.

15,00,000/- (Rupees Fifteen Lakh only) as per the interim order of this Court dated 05.06.2023. The balance amount shall be paid within a period of two (2) weeks from the date of receipt of a copy of this order. The claimants are permitted to withdraw the same. M/S BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITEDD, GVR Complex, No.6A, 2nd Floor, Lawsons Road, Cantonment, Trichy - 1. https://www.mhc.tn.gov.

Counsel for the Appellant/s S.Palaniyappan M.Anbu Saravanan Counsel for the Respondent/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. The SPECIAL 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 MGA/NSR/TMG PA To The Hon'ble Judges https://www.mhc.tn.gov.in/judis