Madras High CourtCMA(MD)/4/2019settled before the lokadalats

The Branch Manager v. Anjammal

2023-12-09Honourable Mr Justice Ar.Ramalingam (Retd.)3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 9th day of December 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Honourable Mr Justice AR.RAMALINGAM (Retd.) and Members Mr.S.Udayan, District Judge (Retired) and Mr.R.Venkatesan, Advocate CMA(MD) No.4 of 2019 (Appeal against the judgment and decree passed on 25/10/2017 in MCOP.No.642/2017 on the file of the Motor Accident Claims Tribunal (SPECIAL DISTRICT JUDGE), THANJAVUR) THE BRANCH MANAGER NATIONAL INSURANCE CO. (P) LTD.,CSI CHATHUKKAM, PAKKAR MALAI, KOTTAYAM 686 001, STATE OF KERALA REP.BY ITS BRANCH MANAGER ...Appellant/s

Versus

1.ANJAMMAL W/O.LATE SELVARAJ, MARUNGAI ROAD, BACKIYAM NAGAR 3RD STREET, MARIAMMAN KOVIL POST, THANJAVUR TALUK, THANJAVUR DISTRICT 2.SUHADEV S/O.LATE SELVARAJ, MARUNGAI ROAD, BACKIYAM NAGAR 3RD STREET, MARIAMMAN KOVIL POST, THANJAVUR TALUK, THANJAVUR DISTRICT 3.SUNDARRAJ S/O.LATE SELVARAJ, MARUNGAI ROAD, BACKIYAM NAGAR 3RD STREET, MARIAMMAN KOVIL POST, THANJAVUR TALUK, THANJAVUR DISTRICT 4.PAZHANIVEL S/O.LATE SELVARAJ, MARUNGAI ROAD, BACKIYAM NAGAR 3RD STREET, MARIAMMAN KOVIL POST, THANJAVUR TALUK, THANJAVUR DISTRICT 5.JOSEPH S/O.KURUVILLA, CHOTHIRAKKUNNEL HOUSE, 5-B, ELEGANZA, GOOD SHEPHERD ROAD, KOTTAYAM, KERALA 686 001

...Respondent/s

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s Mr.J.S.Murali and the counsel for the respondent/s Mr.N.Palaniappan 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 After due deliberations, both the parties have agreed for a sum of Rs.25,59,000/- (Rupees Twenty Five Lakhs and Fifty Nine Thousand only) along with 7.5% interest and costs. The appellant/Insurance Company is directed to deposit the award amount along with 7.5% interest and costs, less the amount already deposited, within a period of three months from the date of receipt of a copy of this award. The excess amount, if any deposited by the Insurance Company, shall be refunded to the Insurance Company.

On such deposit being made, the respondents/claimants are at liberty to withdraw their share amount in the ratio as apportioned by the Tribunal by filing formal application before the Tribunal. The award shall be drafted as soon as all the parties put their signature in the Memo of Compromise.

THE BRANCH MANAGER NATIONAL INSURANCE CO. (P) LTD.,CSI CHATHUKKAM, PAKKAR MALAI, KOTTAYAM 686 001, STATE OF KERALA REP.BY ITS BRANCH MANAGER Counsel for the Appellant/s 1.ANJAMMAL W/O.LATE SELVARAJ, MARUNGAI ROAD, BACKIYAM NAGAR 3RD STREET, MARIAMMAN KOVIL POST, THANJAVUR TALUK, THANJAVUR DISTRICT 2.SUHADEV S/O.LATE SELVARAJ, MARUNGAI ROAD, BACKIYAM NAGAR 3RD STREET, MARIAMMAN KOVIL POST, THANJAVUR TALUK, THANJAVUR DISTRICT 3.SUNDARRAJ S/O.LATE SELVARAJ, MARUNGAI ROAD, BACKIYAM NAGAR 3RD STREET, MARIAMMAN KOVIL POST, THANJAVUR TALUK, THANJAVUR DISTRICT 4.PAZHANIVEL S/O.LATE SELVARAJ, MARUNGAI ROAD, BACKIYAM NAGAR 3RD STREET, MARIAMMAN KOVIL POST, THANJAVUR TALUK, THANJAVUR DISTRICT 5.JOSEPH S/O.

KURUVILLA, CHOTHIRAKKUNNEL HOUSE, 5-B, ELEGANZA, GOOD SHEPHERD ROAD, KOTTAYAM, KERALA 686 001 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. Motor Accident Claims Tribunal (Special District Judge), Thanjavur.

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 M.Yuvarani PA To The Hon'ble Judges