The Branch Manager, v. Prakasi,
HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 11th day of February 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.S.UDHAYAN, District Judge(Retired), MR.S.SURESH KUMAR, Advocate CMA(MD) No.230 of 2022 (Appeal against the judgment and decree passed on 05/03/2020 in MCOP.545/2017 on the file of the PRINCIPAL DISTRICT JUDGE,DINDIGUL.) THE BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LTD., HAVING ITS OFFICE AT LYOLLA BUILDING, SALAI ROAD, DINDIGUL, DINDIGUL DISTRICT ....Appellant
Versus
1. PRAKASI, W/O. LATE. JOHNSESURAJ, MICHAELPALAIYAM, KOTTUR VILLAGE, NILAKOTTAI TALUK, DINDIGUL DISTRICT.
PANJAMIRTHAM (DIED).
2. JEEVA, W/O. LATE. PANJAMIRTHAM, DOOR NO. 1/1, APPINAYAKKANPATTI, KODANKINAYAKKANPATTI POST, NILAKOTTAI TALUK, DINDIGUL DISTRICT.
3.UMA, D/O. LATE. PANJAMIRTHAM, DOOR NO. 1/1, APPINAYAKKANPATTI, KODANKINAYAKKANPATTI POST, NILAKOTTAI TALUK, DINDIGUL DISTRICT.
4.VELMURUGAN, S/O. LATE. PANJAMIRTHAM, DOOR NO. 1/1, APPINAYAKKANPATTI, KODANKINAYAKKANPATTI POST, NILAKOTTAI TALUK, DINDIGUL DISTRICT.
5.KARTHICKRAJA, S/O. LATE. PANJAMIRTHAM, DOOR NO. 1/1, APPINAYAKKANPATTI, KODANKINAYAKKANPATTI POST, NILAKOTTAI TALUK, DINDIGUL DISTRICT. 1ST RESPONDENT IS DIED AND LEGAL HEIRS OF 1ST RESPONDENT ARE IMPLEADED AS PER ORDER IN I.A. NO. 343/2018 DT. 10.04.2018 AND THIS PETITION IS AMENDED AS PER ORDER IN I.A. NO. 676/2018 DT. 19.04.2018) (RESPONDENT NOS. 2 TO 5 GIVEN UP)
...Respondents
This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s MR.C.JAWAHAR RAVINDRAN and the counsel for the respondent/s MR.R.T.ARIVUKUMAR 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.15,41,200/-, (Rupees Fifteen Lakhs Forty One Thousand and Two Hundred only) as compensation with 7.5% interest from the date of filing of the petition. The appellant Insurance Company is ready and agreed to pay the amount of Rs.11,38,400/- (Rupees Eleven Lakhs Thirty Eight Thousand and Four Hundred only) with accrued interest and cost and the appellant has already deposited 50% of the award amount.
2. After negotiation between the parties, this matter is settled. The appellant Insurance Company is directed to pay the balance amount to the first respondent within a period of four weeks from the date of receipt of a copy of this order. On such deposit being made, the first respondent is permitted to withdraw the same, without filing any formal permission petition. THE BRANCH MANAGER, THE ORIENTAL INSURANCE COMPANY LTD., HAVING ITS OFFICE AT LYOLLA BUILDING, SALAI ROAD, DINDIGUL, DINDIGUL DISTRICT Counsel for the Appellant PRAKASI Counsel for the 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. JUDGE MEMBER MEMBER To: The Parties/Advocate concerned Copy To
1. PRINCIPAL DISTRICT JUDGE,DINDIGUL..
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.Y.NASEERA BANU PA To The Hon'ble Judges