United India Insurance Company Limited, v. S.Pandiselvam

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 9th day of September 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Hon'ble Mr.Justice K.K.RAMAKRISHNAN and Members Mr.V.Sivasubramanian, District Judge (Retd), & Mr.P.R.Balasubramanian, Advocate) CMA(MD) No.574 of 2022 (Appeal against the judgment and decree passed on 02/11/2022 in MCOP.186/2018 on the file of the Additional District Court, Virudhunagar) UNITED INDIA INSURANCE COMPANY LIMITED, Through its Branch Manager,Madura Road,Virudhunagar Town, Virudhunagar District.

...Appellant

Versus

S.PANDISELVAM S.THANGAPANDI S.BASKAR S.SELVAPRIYA D/o.Late.Savari Raj,1/207,Nandhanar Colony,Kanniseri Pudur,Virudhunagar Taluk,Virudhunagar District. R.MARIAMMAL W/o.Late.Raj,1/207,Nandhanar Colony,Kanniseri Pudur,Virudhunagar Taluk,Virudhunagar District. S.MAHARAJA S/o.S.R.Subramanian,D.No.45/141,A.Happy Valley Cottage,Kothakiri-643217,Udhagamandalam District.

...Respondents

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant Mr.I.Suthakaran and the lower Court counsel for the respondents Mr.Sundaravel 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 appellant appeared before this Court. The respondents 1, 2 & 4 appeared before this Court. The 3rd respondent is working in abroad and he consented to settle the matter through his representative Mr.Pandi Selvam. For which, they have produced the consent letter. During the pendency of the appeal, the fifth respondent died.

2. The Tribunal has awarded a sum of Rs.13,77,900/-, as compensation with 7.5% interest from the date of filing of the petition.

3. After negotiation between the appellant Insurance Company and the respondents 1 to 4 / claimants, this matter is settled at Rs.12,40,000/- [Rupees Twelve Lakhs and Forty Thousand only] with interest at the rate of 7.5% with costs. The Insurance Company is directed to deposit the amount within a period of six weeks from the date of receipt of a copy of this award, less the amount already deposited, if any. The respondents 1 to 4 agreed to divide the share of the fifth respondent in equal. On such deposit being made, the respondents 1 to 4 / claimants are permitted to withdraw the said award amount equally, without filing any formal petition.

4. Registry is directed to treat the consent letter of the third respondent as the part of the award.

5. This Lok Adalat award is passed in terms of the above settlement.

6. 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.

7. 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.

8. 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.

UNITED INDIA INSURANCE COMPANY LIMITED, Through its Branch Manager,Madura Road,Virudhunagar Town,Virudhunagar District. Counsel for the Appellant/s S.PANDISELVAM

S.THANGAPANDI S.BASKAR S.SELVAPRIYA D/o.Late.Savari Raj,1/207,Nandhanar Colony,Kanniseri Pudur,Virudhunagar Taluk,Virudhunagar District. R.MARIAMMAL W/o.Late.Raj,1/207,Nandhanar Colony,Kanniseri Pudur,Virudhunagar Taluk,Virudhunagar District. S.MAHARAJA S/o.S.R.Subramanian,D.No.45/141,A.Happy Valley Cottage,Kothakiri-643217,Udhagamandalam District. Counsel for the Respondents JUDGE MEMBER MEMBER To: The Parties/Advocate concerned Copy To

1. Additional District Court, 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 SBN PA To The Hon'ble Judges