The United India Insurance Co. v. P. Ramkumar(Died)
HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 12th day of August 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.S.Udhayan, District Judge (Retired), Mr.P.Ganapathi Subramanian, Advocate. CMA(MD) No.274 of 2014 (Appeal against the judgment and decree passed on 01/03/2012 in M.C.O.P.919/2007 on the file of the II ADDITIONAL SUB JUDGE, TIRUCHIRAPPALLI) THE UNITED INDIA INSURANCE CO.LTD., 74A, SALAI ROAD, TRICHY.
..Appellant
Versus
1.P. RAMKUMAR (Died) S/O. PAKKIRISAMY, 133/52, MOOLAKOLLAI STREET, TENNUR, TRICHY.
2.S.SATHISH, 76A, ARIYAMANGALAMM NEHRUJI STREET, TRICHY-4.
3.P.Vijayalakshmi W/o.Pakkirisamy, 133/52, MOOLAKOLLAI STREET, TENNUR, TRICHY.
...Respondents
This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant Mr.G.Prabhu Rajadurai and the counsel for the third respondent Mr.V.Karuna 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 of the Tribunal, the appellant/Insurance Company has filed the present appeal. Pending this Civil Miscellaneous Appeal, the first respondent died. Hence, the sole legal heir was impleaded as party to this Civil Miscellaneous Appeal. Now, both the parties appeared. The appellant/Insurance Company has agreed to pay a sum of Rs.14,00,000/- (Rupees Fourteen Lakhs Only) with interest within a period of four weeks from the date of receipt of a copy of this order. The newly impleaded respondent also agreed to receive the award amount in the following terms:-
The newly impleaded respondent namely, the third respondent is agreed to receive a sum of Rs.14,00,000/- (Rupees Fourteen Lakhs Only) with interest. The appellant/Insurance Company agreed for the said terms. The appellant/Insurance Company is directed to deposit the entire award amount after deducting the amount already deposited. The appellant/Insurance Company is permitted to withdraw the excess amount already deposited if any. The third respondent is entitled to withdraw the award amount of Rs.14,00,000/- (Rupees Fourteen Lakhs Only) with interest accrued on filing necessary application before the Tribunal. THE UNITED INDIA INSURANCE CO.
Counsel for the Appellant P.Vijayalakshmi Counsel for the third 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. II ADDITIONAL SUB JUDGE, TIRUCHIRAPPALLI.
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 SIVAKAMASUNDARI PA To The Hon'ble Judges