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Madras High CourtCMA(MD)/283/2024settled before the lokadalats

United India Insurance Company Ltd., v. Radhakrishnan

2025-09-13Honourable Ms.Justice R. Poornima3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 13th day of September 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided Over by The Honourable Ms.Justice R. POORNIMA and Members Mr.R.Nambi, District Judge(Retired) , Mr.A.Haja Mohideen, Advocate CMA(MD) No.283 of 2024 (Appeal against the judgment and decree passed on 22/12/2023 in MCOP.75/2021 on the file of the Motor Accidents Claims Tribunal/Special Sub Court, Tirunelveli) United India Insurance Company ltd., through its the Branch Manager, Rameez Road, Near CH Fly Over, Kozhikode, Kerala -673 032 ...Appellant/s

Versus

1. Radhakrishnan S/o.Subbaiah, D.no.5/184-A, South St, Vagaikulam, Ambasamudram -627 412

2. The Managing Partner M/S. Aghin Roadways, No.MMC-4/2155/2, Moondock Road, Mahe, Kozhikode, Kerala-673 310

3. T.Paramasivan S/o.Thiruvukadiyan, D.No.12, Konar North St, Thalaiyuthu ,thenkalam, Tirunelveli-627 357

...Respondent/s

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s I.Suthakaran and the counsel for the respondents S.Krishnakumar 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 Aggrieved by the Award passed by the Tribunal, the appellant / United India Insurance Company has filed the present Appeal. After due deliberations, both the parties have entered into compromise and agreed to modify the award amount to a sum of Rs.7,00,000/- (Rupees Seven Lakhs only) along with interest at the rate of 7.5% per annum from the date of filing till the date of realization. The appellant is directed to deposit the entire award amount, after deducting the amount already deposited, if any, within a period of four weeks from the date of receipt of copy of this Award, failing which the appellant shall pay the Award amount together with interest at the rate of 7.5% per annum. It is stated by the appellant that the appellant / Insurance Company had already deposited a sum of Rs.7,02,140/- (Rupees

Seven Lakhs Two Thousand and One Hundred and Forty only). On such deposit being made, the 1st respondent is permitted to withdraw a sum of Rs.7,00,000/- together with interest at the rate of 7.5% per annum from the date of filing till the date of realization by filing formal application before the Tribunal. United India Insurance Company ltd., through its the Branch Manager, Rameez Road, Near CH Fly Over, Kozhikode, Kerala -673 032 Counsel for the Appellant/s Radhakrishnan S/o.Subbaiah, D.no.5/184-A, South St, Vagaikulam, Ambasamudram -627 412 Counsel for the 1st Respondent The Managing Partner M/S. Aghin Roadways, No.MMC-4/2155/2, Moondock Road, Mahe, Kozhikode, Kerala-673 310 T.Paramasivan S/o.Thiruvukadiyan, D.No.12, Konar North St, Thalaiyuthu ,thenkalam, Tirunelveli-627 357 Counsel for the Respondent Nos.

2 & 3 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. Motor Accidents Claims Tribunal/Special Sub Court, 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 IAS/GVN PA To The Hon'ble Judges