Madras High CourtCMA(MD)/1273/2024settled before the lokadalats

M/S.United India Insurance Company Limtied v. Gopi

2025-03-08Honourable Mr Justice P.B. Balaji2 pages

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 8th day of March 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Honourable Mr Justice P.B. BALAJI and Members Mr.John R.D.Santhosam, District Judge(Retired) Mr,A.Haja Mohideen , Advocate CMA(MD) No.1273 of 2024 (Appeal against the judgment and decree passed on 09/11/2023 in MCOP.76/2019 on the file of the Additional Sub Court, Tenkasi) M/s.United India Insurance Company Limited, Tenkasi, Through its Divisional Manager.

...Appellant

Versus

1 Gopi, S/o.Marimuthu, Door No.20/26A, Paraiyadi Street, Tenkasi Kaspa.

2) Perumal Raj, S/o.Sathyamoorthy, Mathankovil, 1st Street, Tenkasi.

3) The Superintending Engineer, TNEB, T.E.D.C. Tirunelveli.

...Respondent/s

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant C.Jawahar Ravindran and the counsel for the respondents K.Muthukumarasamy 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 Insurance Company is on appeal challenging the award of the Motor Accident Claims Tribunal-cum-Additional Sub Court, Tenkasi in MCOP.No.76/2019, dated 09.11.2023.

2. Mr.R.Panneerselvam, D.G.M. representing the appellant Insurance Company and the Counsel for the appellant are present. Respondent-Claimants and their counsel are present.

3. After deliberation, the parties have agreed to fix the compensation at Rs.8,75,000/- in full quit. It is also brought to our notice that the Insurance Company deposited about 50% of the award amount and https://www.mhc.tn.gov.in/judis

together with Rs.25,000/- being mandatory pre-additional has been paid. Therefore, the remaining amount out of Rs.8,75,000/- shall be deposited by the appellant/Insurance company within a period of eight weeks from today.

M/s.United India Insurance Company Limited, Tenkasi, Through its Divisional Manager.

Counsel for the Appellant Gopi Perumal Raj 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. The Original of the award shall be placed 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 Sub Court, Tenkasi.

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 PA To The Hon'ble Judges https://www.mhc.tn.gov.in/judis