Madras High CourtCMA(MD)/546/2021settled before the lokadalats

The Manager, v. P.Poongodi

2023-10-14Honourable Mrs Justice L.Victoria Gowri3 pages

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 14th day of October 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Honourable Mrs Justice L.VICTORIA GOWRI and Members Mr.K.R.Mathurasekaran District Judge(Retired) , Mr.P.R.Balasubramanian Advocate CMA(MD) No.546 of 2021 (Appeal against the judgment and decree passed on 07/10/2020 in MCOP.52/2017 on the file of the Motor Accident Claims Tribunal, (ADDITIONAL DISTRICT JUDGE), VIRUDHUNAGAR) The Manager, IFFCO-TOKIO General Insurance Company Limited, Chandragandhi Nagar, Ponmeni Bypass Road, Madurai.

...Appellant

Versus

1.P.Poongodi W/o.Late.Panapandi, No.47, Kamarajar Bypass Road, Allampatti, Virudhunagar Taluk, Virudhunagar District.

2.Manonmani, D/o.Late.Panapandi, W/o.R.G.Anandan, Kamarajar Bypass Road, Allampatti, Virudhunagar Taluk, Virudhunagar District.

3.P.Pandiyarajan, S/o.Late.Panapandi, No.28, Kamarajar Bypass Road, Allampatti, VIrudhunagar Taluk, Virudhunagar District.

4.M.Manishwari, D/o.Late.Panapandi, W/o.Maniraja, Old No.371, New No.5-259, Sriram Theatre Road, Allampatti, Virudhunagar District.

5.R.Srinivasagan, S/o.Raju, 3-157, Kondureddypatti, Silamaalaipatti, Madurai District-625703.

...Respondents

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s Ms.K.R.Shivashankari and the counsel for the respondent/s Mr.G.Prabhu Rajadurai 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 Already the Tribunal has passed an award of Rs.16,98.500/- with 7.5% interest. After due deliberation, both the parties have agreed for settlement of Rs.15,75,000/- as full quit. The excess amount if any, shall be refunded to the Insurance Company. The first respondent is permitted to withdraw a sum of Rs.8,00,000/-, the second respondent is permitted to withdraw a sum of Rs. 2,75,000/-, the third respondent is permitted to withdraw a sum of Rs.2,50,000/- and the fourth respondent is permitted to withdraw a sum of Rs.2,50,000/-. The Manager, IFFCO-TOKIO General Insurance Company Limited, Counsel for the Appellant P.Poongodi Manomani P.Pandiyarajan M.Manishwari R.

Sirinivasagan Counsel for the Respondents 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. ADDITIONAL DISTRICT JUDGE,VIRUDHUNAGAR.

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 SUBATHRA PA To The Hon'ble Judges