Madras High CourtCMA(MD)/784/2014withdrawn dismissed

The Branch Manager, v. Mahendran, S/O. Thankathurai

2023-03-11Honourable Mrs Justice S.Srimathy3 pages

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.784 of 2014 (Appeal against the judgment and decree passed on 22/06/2012 in M.C.O.P.158/2004 on the file of the II ADDITIONAL SUB JUDGE, NAGERCOIL.) THE BRANCH MANAGER, NATIONAL INSURANCE CO.LTD., KOTTARAKARA, REP. BY BRANCH MANAGER, NATIONAL INSURANCE CO.LTD., ANGUVILAS BLDG., NEAR HEAD POST OFFICE, NAGERCOIL ...Appellant/s

Versus

MAHENDRAN, S/O. THANKATHURAI PUTHAN MUHILAN VILAI, SOUTH SOORANKUDY, POTTAL POST, AGASTHEESWARAM TK, KK DT.

NAMBI @ BALAJI, ARATTU ROAD, OHUGINASERY, NAGERCOIL, KK DT.

JEYACHANDRAN, S/O. JEGADEESAN, THIKKILANVILAI, ATHIKADAI, SOUTH SOORAKUDY, KK DT. THE BRANCH MANAGER, NATIONAL INSURANCE CO.LTD., ANGUVILAS BLDG., NEAR HEAD POST OFFICE, NAGERCOIL. M. SEENA, KOCHIKARAIKKAZHIKOM, RATHIKKAL, VETTOOR POST, VARKALA DT, KOLLAM, KERALA STATE.

SHAHUL HAMEED, S/O. ABDUL RASHEED, PUTHUVAL PURAYIDAM, T.C.NO.46/1202, BEEMAPALLY, TRIVANDRUM, KERALA STATE(R4 GIVEN UP)

...Respondent/s

This case came up for settlement before the Lok Adalat. The counsel for the appellant/s Mr.D.Sivaraman, is present.

AWARD

This Civil Miscellaneous Appeal is filed by the appellant / Insurance Company against the award dated 22/06/2012 in M.C.O.P.158/2004 on the file of the II Additional Sub Judge, Nagercoil. 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 In view of the above submission, this Appeal is dismissed as withdrawn.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 confirmed. As per the order of the Tribunal, the appellant / Insurance Company is directed to deposit the entire award 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. On such deposit being made, the respondents / claimants are entitled to withdraw their respective share amount without filing any formal permission petition.

THE BRANCH MANAGER, NATIONAL INSURANCE CO.LTD., KOTTARAKARA, REP. BY BRANCH MANAGER, NATIONAL INSURANCE CO.LTD., ANGUVILAS BLDG., NEAR HEAD POST OFFICE, NAGERCOIL 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. II ADDITIONAL SUB JUDGE, NAGERCOIL..

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