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Madras High CourtCMA(MD)/1309/2024settled before the lokadalats

United India Insurance Company Limited, v. Gurusamy

2025-09-13Honourable Ms.Justice R. Poornima5 pages

HIGH COURT LEGAL SERVICES COMMITTEE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 13th day of September 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided Over by The Honourable Ms Justice R.POORNIMA and Members Mr.R.Nambi, District Judge (Retired), Mr.A.Haja Mohideen, Advocate CMA(MD) No.1309 of 2024 (Appeal against the judgment and decree passed on 30.06.2022 in MCOP No.129 of 2019 on the file of the Motor Accident Claims Tribunal / Additional District Court (FTC), Tenkasi) M/s.United India Insurance Company Ltd., Having one of the Regd. Office at Door No.78, ESP Complex, Sokkalapuram, Mukkudal, Tirunelveli District.

Through its Branch Manager.

... Appellant Vs.

1.Gurusamy, S/o.Lakshmanan, D.No.5/246, New Colony, Arunthathiarpuram, Gunaramallur Village, Tenkasi Taluk, Tirunelveli District.

2.Valli, W/o.Gurusamy, D.No.5/246, New Colony, Arunthathiarpuram, Gunaramallur Village, Tenkasi Taluk, Tirunelveli District.

3.Esakkimuthu, S/o.Gurusamy, D.No.5/246, New Colony, Arunthathiarpuram, Gunaramallur Village, Tenkasi Taluk, Tirunelveli District.

4.Lakshmi, D/o.Gurusamy, D.No.5/246, New Colony, Arunthathiarpuram, Gunaramallur Village, Tenkasi Taluk, Tirunelveli District.

5.Mary, D/o.Gurusamy, D.No.5/246, New Colony, Arunthathiarpuram, Gunaramallur Village, Tenkasi Taluk, Tirunelveli District.

6.Grase, D/o.Gurusamy, New Colony, Arunthathiarpuram, Gunaramallur Village, Tenkasi Taluk, Tirunelveli District.

7.Raja, S/o.Ramar, D.No.9/185, Guruvankottai Village, Mayamankurichi, Alangulam Taluk, Tirunelveli District 8.Arunasalam, S/o.Balakrishnan, D.No.7/160, Pillaiyar Koil Street, Guruvankottai, Mayamankurichi, Alangulam Taluk, Tirunelveli District . .... Respondents This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant, Mr.C.Karthik and the counsel for the respondents Mr.C.Rathinavel Pandian 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. The learned counsel for the respondents informed that during the course of appeal, the father of respondent Nos.3 to 6 / the husband of the 2nd respondent, namely Gurusamy/1st

respondent, has died on 26.03.2022. A copy of the death certificate issued by the Registrar (Birth & Death), Gunaramanallur Village Panchayat has been produced to that effect. A copy of the legal heir certificate has also produced showing that the deceased died leaving behind respondent Nos.2 to 6 as his legal heirs.

3. After due deliberations, both the parties have entered into compromise and agreed to modify the award amount to a sum of Rs.17,09,240/- (Rupees Seventeen Lakhs Nine Thousand Two Hundred and Forty only) with interest at the rate of 7.5% per annum from the date of petition till the date of realization. The appellant is directed to deposit the said award amount with accrued interest, after deducting the amount already deposited, if any, within a period of four weeks from the date of receipt of a copy of this award. On such deposit being made, the 2nd respondent is entitled to a sum of Rs.5,09,240/- (Rupees Five Lakhs Nine Thousand Two Hundred and Forty only) with interest towards her share, and respondent Nos.4, 5 & 6 are entitled to a sum of Rs.3,00,000/- (Rupees Three Lakhs only) each with interest towards their share and the 3rd respondent is entitled to a sum of Rs. 3,00,000/- (Rupees Three Lakhs only) with interest, and they are permitted to withdraw their share together with interest at the rate of 7.5% per annum by filing formal application before the Tribunal.

M/s.United India Insurance Company Ltd., Through its Branch Manager, Having Regd. Office at Door No.78, ESP Complex, Sokkalapuram, Mukkudal, Tirunelveli District.

Counsel for the appellant 1.Valli, W/o.Gurusamy, 2.Esakkimuthu,

S/o.Gurusamy, 3.Lakshmi, D/o.Gurusamy, 4.Mary, D/o.Gurusamy, 6.Grase, D/o.Gurusamy, Counsel for the respondents 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. The Motor Accident Claims Tribunal / Additional District Court (FTC), Tenkasi.

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 MKN PA To The Hon'ble Judges