Madras High CourtCMA(MD)/921/2019settled before the lokadalats

The Branch Manager v. S. Kannan

2023-06-10Honourable Mr Justice K.K. Ramakrishnan2 pages

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 10th day of June 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Honourable Mr Justice K.K. RAMAKRISHNAN and Members Mr.V. Sivasubramanian, District Judge(Retired) Mr.T.S. Mohamed Moideen, Advocate CMA(MD) No.921 of 2019 (Appeal against the judgment and decree passed on 04/10/2018 in MCOP.1429/2011 on the file of the CHIEF JUDICIAL MAGISTRATE, MADURAI) The Branch Manager The National Insurance Co Ltd, 706, Tenkasi Road, Rajapalayam, Virudhunagar District - 117 ...Appellant/s

Versus

1. S. Kannan S/o. Sundaraj Reddiar, Cholampatti, Kallikkudi, Thirumangalam Taluk, Madurai District.

2. A. Shanmugavadivu, W/o. S. Arumugam, 81-F3, Malaiyandipatti Street, Rajapalayam, Virudhunagar District.

...Respondent/s

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant Mr.S. Srinivasa Raghavan and the counsel for the 1st respondent Mr.P. Venkatesan for M/s. Right Law Associates 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 Aggrieved by the award passed by the Tribunal, the appellant / Insurance Company has preferred the present appeal.

2. Both the parties agreed to settle the matter in the following terms:- The first respondent / claimant has agreed to receive a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs only) with interest at 7.5% per annum from the date of petition till the date of deposit. The appellant / Insurance Company has stated that the entire amount has already been deposited before the Tribunal.

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3. The first respondent / claimant is permitted to withdraw the said award amount on filing necessary application before the Tribunal. The remaining amount shall be withdrawn by the appellant / Insurance Company on filing necessary application before the Tribunal.

The Branch Manager The National Insurance Co Ltd, 706, Tenkasi Road, Rajapalayam, Virudhunagar District - 117 Counsel for the Appellant S. Kannan S/o. Sundaraj Reddiar, Cholampatti, Kallikkudi, Thirumangalam Taluk, Madurai District. Counsel for the 1st 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 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. CHIEF JUDICIAL MAGISTRATE, MADURAI.

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