National Insurance Company v. Selvaraj
HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 11th day of March 2023 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.G.P.Elango, District Judge (Retired) and Mrs.M.Krishnaveni, Advocate CMA(MD) No.593 of 2014 (Appeal against the judgment and decree passed on 12/12/2012 in MCOP.93/2009 on the file of the SUB JUDGE, PADMANABHAPURAM) NATIONAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS BRANCH MANAGER, NORTH CAR STREET, NAGERCOIL AND POST, AGASTHEESWARAM TALUK, KANYAKUMARI DISTRICT. ...Appellant/s
Versus
SELVARAJ S/O. NESAMONY, KOTHNARVILAI, MONDAICAUD POST, COLACHEL VILLAGE, KALKULAM TALUK, KANYAKUMARI DISTRICT.
KRISHNA KUMAR S/O. THANGAPPAN, 10/12-B, PARAMKOTTAI VILAI, CHERAMANGALAM, MANAVALAKURICHI POST & VILLAGE, KALKULAM TALUK, KANYAKUMARI DISTRICT. R.BAKTHASIROMONY S/O. RAJAMONY, NO.103-A, ADINARVILAI, KALLUKOOTAM POST, LAKSHMIPURAM VILLAGE, KALKULAM TALUK, KANYAKUMARI DISTRICT.
NATIONAL INSURANCE COMPANY LIMITED, REP BY ITS BRANCH MANAGER, THIRUVANANTHAPURAM DISTRICT, KERALA STATE. (UNNECESSARY PARTY TO THE PROCEEDINGS AND SO IT WAS GIVEN UP)
...Respondent/s
This case came up for settlement before the Lok Adalat. The counsel for the appellant/s Mr.N.Murugesan, is present.
AWARD This Civil Miscellaneous Appeal is filed by the appellant / Insurance Company against the award dated 12/12/2012 in MCOP.93/2009 on the file of the Sub Judge, Padmanabhapuram Now, the appellant / Insurance Company is willing to withdraw the appeal and undertakes to deposit the award amount fixed by the Tribunal within a period of eight weeks. In view of the above submission, this Appeal is dismissed as withdrawn. The order of the Tribunal is https://www.mhc.tn.gov.in/judis confirmed. As per the order of the Tribunal, the appellant / Insurance Company is directed to deposit the entire award amount with 7.5% interest and costs, within a period of eight weeks from the date of receipt of a copy of this award, less the amount already deposited, if any and the appellant / Insurance
Company is directed to recover the same from the owner of the vehicle. On such deposit being made, the respondents / claimants are entitled to withdraw their respective share amount without filing any formal permission petition.
NATIONAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS BRANCH MANAGER, NORTH CAR STREET, NAGERCOIL AND POST, AGASTHEESWARAM TALUK, KANYAKUMARI DISTRICT. Counsel for the Appellant/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, PADMANABHAPURAM.
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 MARIAMMAL/GNS/KRK PA To The Hon'ble Judges https://www.mhc.tn.gov.in/judis