Madras High CourtCMA(MD)/717/2023settled before the lokadalats

The Branch Manager v. Somasundaram

2025-03-08Honourable Mr Justice P.B. Balaji3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, 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.SanthosamDistrict Judge(Retired) , Mr.A.Haja MohideenAdvocate CMA(MD) No.717 of 2023 (Appeal against the judgment and decree passed on 24/08/2022 in MCOP.63/2020 on the file of the Additional District and Sessions Court, Sivagangai) The Branch Manager, United India Insurance Company, No.89, Justice Rajasekaran Road, Near Aranmanai Vasal, Sivagangai Town, Sivagangai Taluk, Sivagangai District.

...Appellant

Versus

1. Somasundaram

2. Eswari W/o.Somasundaram

3. Eswari D/o.Somasundaram

4. Gurunathan

5. Thanagamani

...Respondent/s

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant M/s.A.Elango and the counsel for the respondent/s Mr.R.Balamuruganatham 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 in M.C.O.P.No.63 of 2020 dated 24.08.2022. The claimants are the parents of the deceased S.Kalaiarasan, they are present along with their Counsel and Counsel for the Insurance Company are present.

2. After deliberation, the parties have arrived at net figure of Rs.18,25,000/- (Rupees Eighteen Lakhs Twenty Five Thousand only) it should be payable together with interest at the rate of 7.5% per annum from the date of filing of the petition, till the date of deposit.

3. The Insurance company shall deposit the award amount, less the amount already deposited if any within a period of six weeks from today. On such deposit being made by the Insurance Company, the claimants are permitted to withdraw their shares as apportioned by the Tribunal, after filing appropriate application before the Tribunal. The Branch Manager, United India Insurance Company, No.89, Justice Rajasekaran Road, Near Aranmanai Vasal, Sivagangai Town, Sivagangai Taluk, Sivagangai District. ... Counsel for Appellant

1. Somasundaram

2. Eswari W/o.Somasundaram ...Counsel for 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 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. The Additional District and Sessions Court, Sivagangai

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 AM/GVN/LS PA To The Hon'ble Judges