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Madras High CourtCMA(MD)/152/2025settled before the lokadalats

M/S.United India Insurance Company Limited v. R.Nirmala

2025-12-13Honourable Mrs Justice R. Kalaimathi3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 13th day of December 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided Over by The Honourable Mrs Justice R. KALAIMATHI and Members Mr.V.Siva Subramanian, District Judge (Retired), Mr.K.Samidurai, Advocate CMA(MD) No.152 of 2025 (Appeal against the judgment and decree passed on 17/02/2023 in MCOP.4/2015 on the file of the SUB JUDGE,KOVILPATTI) M/s.United India Insurance Company Limited Through its Branch Manager, Salem.

...Appellant/s

Versus

1.R.Nirmala W/o. Rengarajan, Residing at No.4/64, Lakshmi Mill West Quarters, Kovilpatti, Kovilpatti Taluk, Thoothukudi District.

2.R.Santhosh Raj S/o. Rengarajan, Residing at No.4/64, Lakshmi Mill West Quarters, Kovilpatti, Kovilpatti Taluk, Thoothukudi District.

(Name of R2 amended as per order dated 13.12.2025 made in C.M.P.

(MD)No.20017 of 2025 in C.M.A.

(MD)No.152 of 2025) 3.R.Nishanthini D/o. Rengarajan, Residing at No.4/64, Lakshmi Mill West Quarters, Kovilpatti, Kovilpatti Taluk, Thoothukudi District.

(Minor 2nd and 3rd Respondents are declared as major and the guardianship of their mother R1 - R.Nirmala is discharged vide common order dated 11.11.2025 made in CMP(MD) Nos.15988, 15990 and 16000 of 2025 in CMA(MD) No.152 of 2025 respectively.) 4.R.Rengammal, W/o. Rengasamy, Residing at No.132, Thotta Veedu, Pudukottai, Paneerkulam Post, Kayathar, Kovilpatti Taluk, Thoothukudi District.

5.M/s. KPN Transport Corporation (Rep. Through its Managing Director) No.23-D, Rajaji Street, Swarnapur, Salem District. (Respondent No.5 given up)

...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 1st to 4th respondent/s Mr.P.Murugan/Mr.M.Manikandan for Mr.M.Prabu 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 settle the award amount to a sum of Rs.68,36,000/- (Rupees Sixty Eight Lakhs and Thirty Six Thousand only) with interest at the rate of 7.5% per annum from the date of petition till the date of realization and costs. The appellant is directed to deposit the said award amount, after deducting the amount already deposited, if any, within a period of six weeks from the date of receipt of a copy of this award. On such deposit being made, respondents 1 to 4 are permitted to withdraw their share as per the apportionment fixed by the Tribunal by filing formal application before the Tribunal. M/s.United India Insurance Company Limited Through its Branch Manager, Salem.

Counsel for the Appellant/s R.Nirmala R.Santhosh Raj R.Nishanthini R.Rengammal 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,KOVILPATTI.

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 A.Pavithraa Devi (APD) PA To The Hon'ble Judges (2/2)