The Oriental Insurance Company Limited v. Shei Abdullah
HIGH COURT LEGAL SERVICES COMMITTEE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 14th day of June 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Honourable Mrs Justice S.SRIMATHY and Members Mr.P.Murugaiah,District Judge(Retired) , Mr.P.R.Bala Subramanian, Advocate CMA(MD) No.765 of 2023 (Appeal against the judgment and decree passed on 27/01/2023 in MCOP.9/2019 on the file of the MACT cum Sub Court, Ambasamudram) THE ORIENTAL INSURANCE COMPANY LIMITED through its Branch Manager, having office at No.5/100 M-13, 1st Floor, S.R.S.Complex, Tiruchendur Main Road, Muthiahpuram, Thoothukudi - 628 005, Thoothukudi District. ...Appellant/s
Versus
1.SHEIK ABDULLAH S/o.Pakkeer Mydeen, residing at No.1-37,Gate Street, Muthaliyarpuram, Therkku Kadayam, Ambasamudram Taluk, Tirunelveli District.
2.Megharaj Nisha W/o.Shiek Abdullah, residing at No.1-37,Gate Street, Muthaliyarpuram, Therkku Kadayam, Ambasamudram Taluk, Tirunelveli District.
3.D.Karthikeyan S/o.Dhanasekaran, residing at No.D.124, Type VII, SPIC Nagar, Thoothukudi - 628 005, Thoothukudi District.
...Respondent/s
This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s Mr.C.Jawahar Ravindran and the counsel for the respondents 1 and 2 Mr.K.Suresh Kumar 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 has filed the above appeal challenging the award passed by the Tribunal. The award granted by the Tribunal is Rs.61,12,000/-. The admitted liability is Rs.43,00,000/- and the disputed amount is Rs.18,12,000/- 2.Now the parties have arrived at a settlement for a sum of Rs.45,50,000/- (Rupees Fourty Five Lakh Fifty Thousand only) with interest at the rate of 7.5% per annum from the date of petition till the date of realisation.
The appellant Insurance Company shall deposit the said amount within a period of four weeks from the date of receipt of a copy of this award, less the amount already deposited, if any. The claimants shall withdraw the award amount as apportioned by the Tribunal. If the Insurance Company has deposited the entire award, the excess amount shall be refunded to the appellant, if any. https://www.mhc.tn.gov.
THE ORIENTAL INSURANCE COMPANY LIMITED through its Branch Manager, having office at No.5/100 M-13, 1st Floor, S.R.S.Complex, Tiruchendur Main Road, Muthiahpuram, Thoothukudi - 628 005, Thoothukudi District. Counsel for the Appellant/s 1.SHEIK ABDULLAH 2.Megharaj Nisha 3.D.Karthikeyan 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. The MACT cum Sub Court, Ambasamudram.
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 T. M..GAYATRI DEVI PA To The Hon'ble Judges https://www.mhc.tn.gov.in/judis