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Madras High CourtCMA(MD)/895/2025settled before the lokadalats

M/S.United India Insurance Co v. Senthilkumar

2025-09-13Honourable Ms.Justice R. Poornima3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 13th day of September 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided Over by The Honourable Ms Justice R.POORNIMA and Members Mr.R.Nambi, District Judge(Retired), Mr.A.Haja Mohideen, Advocate CMA(MD) NO. 895 of 2025 (Appeal against the judgment and decree passed on 31.01.2024 in MCOP.190 of 2021 on the file of the Motor Accidents Claims Tribunal/Additional District Court (FTC), Tenkasi) M/s.United India Insurance Co., Ltd., Through its Divisional Manager, No.37/2, Mattapp Street, Tenkasi, Tenkasi District.

...Appellant/s

Versus

1.Senthilkumar, S/o.Shanmugavel, No.7/199, North Street, Melavaikundanoor, Kovilurtur Post, Venkatampatti, Alangulam Taluk, Tenkasi District.

2. Jesuraja, S/o.Arulpandi, No.11/66B/11/81, Chinnathambi Nadar Pattai, Kallurani Village, Tenkasi Taluk, Tenkasi District.

...Respondent/s

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s Mr.B.Rajesh Saravanan and the counsel for the respondent No. 1 Mr.R.Iyappan, 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 filed the present Appeal.

2. After due deliberations, both the parties have entered into compromise and agreed to modify the award amount to a sum of Rs.7,62,000/- (Rupees Seven Lakhs Sixty Two Thousand only) with accrued interest at the rate of 7.5% per annum from the date of filing of the claim petition till realization. The appellant 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 copy of this Award, failing which the appellant shall pay the Award amount together with interest at the rate of 7.5% per annum. The first respondent/claimant is permitted to withdraw the award amount with interest by filing formal application before the Tribunal.

M/s.United India Insurance Co., Ltd., Through its Divisional Manager, No.37/2, Mattapp Street, Tenkasi, Tenkasi District.

Counsel for the Appellant/s 1.Senthilkumar, S/o.Shanmugavel, No.7/199, North Street, Melavaikundanoor, Kovilurtur Post, Venkatampatti, Alangulam Taluk, Tenkasi 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. The Motor Accidents Claims Tribunal/Additional District Court (FTC), 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 APD/MKN PA To The Hon'ble Judges