General Manager, v. Kasibai,
HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 14th day of December 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Honourable Ms.Justice R. POORNIMA and Members V.R.Poobalan, District Judge(Retired) Mr.R.Venkatesan, Advocate CMA(MD) No.377 of 2020 (Appeal against the judgment and decree passed on 26/02/2020 in MCOP.121/2013 on the file of the PRINCIPAL DISTRICT JUDGE, RAMANATHAPURAM) GENERAL MANAGER, Reliance General Insurance Company Limited., P.L.A.Kanagu Towers, 2nd Floor, 15K, Thillai Nagar, 2nd Cross, Trichy - 18. ...Appellant/s
Versus
1)KASIBAI, W/o. Late .Pandi, Vadakadu, Rameshwaram, Rameshwaram Taluk, Ramanathapuram Taluk. 2)Kannikaparameshwari, D/o. Late. Pandi, Vadakadu, Rameshwaram, Rameshwaram Taluk, Ramanathapuram Taluk. 3)Manikandan, S/o. Late. Pandi, Vadakadu, Rameshwaram, Rameshwaram Taluk, Ramanathapuram Taluk. 4)Minor Sivasankar, S/o. Late. Pandi, Vadakadu, Rameshwaram, Rameshwaram Taluk, Ramanathapuram Taluk. (4th Respondent through his Mother and Guardian the first Respondent herein) Muthukaruppan, (Died), S/o. Lakshmanan, B-6-88, Akkalmadam, Pampan Post, Rameswaram Taluk, Rameshwaram District.
Muthukaruppan (died)
...Respondent/s
This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s Mr.V.Sakthivel and the counsel for the respondent/s Mr.G.Vishnuram 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 This Civil Miscellaneous Appeal is filed as against the Judgment passed in MCOP No.121 of 2013, dated 26.02.2020 passed by the Motor Accidents Claim Tribunal Court, (Principal District Court) Ramanathapuram, directing the Insurance Company to deposit a sum of Rs.10,68,000/- with 7.5% interest to the credit of Motor Accidents Claim Tribunal Court, (Principal District Court) Ramanathapuram, along with cost.
After due deliberations, both the parties have entered into compromise and agreed to settle for a sum of Rs.18,00,000/- (Rupees Eighteen Lakhs only) as full quit. The appellant has already deposited a sum of Rs.25,000/- before the Tribunal.
The 1st respondent / 1st claimant is entitled to a sum of Rs.9,00,000/- (Rupees Nine Lakhs only) the respondent 2 to 4 are entitled to a sum of Rs.3,00,000/- (Rupees Three Lakhs) each towards their share. The minor share shall be deposited in any one of the nationalized Bank till he attain majority. The first respondent / guardian of the minor shall withdraw the interest on such deposit amount for his welfare.
Now the fourth minor claimant has attained majority. In order to prove the same, the claimants produced a copy of birth certificate before this Court. The 4th claimant/ 4th respondent shall file a major declaration petition before the Tribunal and file appropriate application for withdrawal of his share. The appellant /Insurance company is directed to deposit the entire award amount, after deducting the amount already deposited, if any, within a period of four weeks from the date of receipt of a copy of this award, failing which the appellant shall pay the award amount together with interest at the rate of 7.5% per annum.
On such deposit being made, the respondents are permitted to withdraw their share by filing appropriate application before the Tribunal, less the amount, if any, which has already been withdrawn by the claimants.
GENERAL MANAGER, Reliance General Insurance Company Limited., Trichy - 18.
Counsel for the Appellant/s KASIBAI, Kannikaparameshwarai, Manikandan, Minor Sivasankar, (4th Respondent through his Mother and Guardian the first Respondent herein). Counsel for the Respondent/s
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. PRINCIPAL DISTRICT JUDGE, (MACT) RAMANATHAPURAM.
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 R.Mala PA To The Hon'ble Judges