← Library
Madras High CourtCMA(MD)/294/2023settled before the lokadalats

N.Murugeswari, v. Senthilvelkumar @ Senthilkumar

2024-09-14Honourable Mr Justice G.Chockalingam (Retd.)3 pages

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 14th day of September 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The HONOURABLE MR JUSTICE G.CHOCKALINGAM (Retd.) and Members Mr.I.PANDURANGAN, DISTRICT JUDGE (Retd), Mr.A.HAJA MOHIDEEN, ADVOCATE CMA(MD) No.294 of 2023 (Appeal against the judgment and decree passed on 05/04/2022 in MCOP.48/2017 on the file of the SUB JUDGE,SANKARANKOIL) 1.N.Murugeswari, W/o.Late.Subramanian 2.Minor Sabarimuthukumar 3.Minor Muthukarthikeya 4.Murugathal alll residing at No.1/127, Nadu Theru, Kulasekaramangalam, Sankarankovil Taluk, Tenkasi District. ...Appellant/s (minors appellants 2 and 3 are represented by their mother, 1st appellant herein.)

Versus

Senthilvelkumar @ Senthilkumar S/o.Bharatharajan, 40.B,Kannarkudi Theru, Kampalam, Kottar, Nagercoil, Kanayakumari District.

UNITED INDIA INSURANCE COMPANY LIMITED Nagercoil, Rep by its Divisional Manager, Nagercoil, Kanyakumari District.

...Respondent/s

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s Mr.S.Kumar and the counsel for the second respondent Mr.C.Karthik are present. After mutual discussion, negotiation, mediation and conciliation between both parties and with the assistance of the Bench, both sides consented for settlement.

1/3

AWARD The learned counsel appearing for the appellants and the second repsondent and their respective parties are present. After negotiation, they have agreed for settlement of Rs.9,50,000/- (Rupees Nine Lakhs and Fifty Thousand only) with interest at the rate of 7.5% from the date of claim petition, in addition to the amount already awarded by the Tribunal.

2. The second respondent /Insurance Company is directed to deposit the entire amount of Rs.9,50,000/- (Rupees Nine Lakhs and Fifty Thousand only), with interest at the rate of 7.5% from the date of claim petition, in addition to the amount already awarded by the Tribunal, within a period of eight weeks from today. On such deposit, the first appellant and the fourth appellant are entitled to withdraw their respective share amounts of Rs.2,50,000/- and Rs.1,00,000/- with accrued interest respectively. The second and third appellants, who are the minors, are entitled to the amount of Rs. 3,00,000/- each. The shares of the minor appellants shall be deposited as per the procedure laid down by the Tribunal.

1.N.Murugeswari, W/o.Late.Subramanian 2.Minor Sabarimuthukumar 3.Minor Muthukarthikeya 4.Murugathal Counsel for the Appellant/s Senthilvelkumar @ Senthilkumar S/o.Bharatharajan, 40.B,Kannarkudi Theru, Kampalam, Kottar, Nagercoil, Kanayakumari District.

UNITED INDIA INSURANCE COMPANY LIMITED Nagercoil, Rep by its Divisional Manager, Nagercoil, Kanyakumari District. 2/3

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. SUB JUDGE,SANKARANKOIL.

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 SM/TA/MR, PAs To The Hon'ble Judges 3/3