Madras High CourtCMA(MD)/1094/2016settled before the lokadalats

The Branch Manager, v. Selvi @ Pandiselvi,

2024-06-08Honourable Mr.Justice K.Rajasekar3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 8th day of June 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Honourable Mr.Justice K.RAJASEKAR and Members Mr.P.Mohandoss, District Judge(Retired) , Mrs.M.Krishnaveni, Advocate CMA(MD) No.1094 of 2016 and C.M.P.(MD)No.9787 of 2016 (Appeal against the judgment and decree passed on 25/07/2014 in MCOP.78/2011 on the file of the SUB JUDGE, DEVAKOTTAI) THE BRANCH MANAGER, RELIANCE GENERAL INSURANCE CO.LTD., PALMOUR LORRY HOUSE, NO.628, ANNA SALAI, TEYNAMPET, CHENNAI-600 018.

...Appellant

Versus

1. SELVI @ PANDISELVI,

2. MINOR.RITHIKA

3. MINOR.GOKULAKANNAN (R2 & R3 are rep. By their mother R1)

4. MEENAKSHI 5.NAGARAJ

6. DEIVASIKAMANI ... Respondents This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant Mr.K.Gokul and the counsel for the respondents 1 to 4 Mr. A.Robinson 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 This Appeal is filed by the appellant/ Insurance Company as against the judgment and decree passed on 25.07.2014 in MCOP.78 of 2011 on the file of the Sub Judge, Devakottai. The Tribunal has awarded a sum of Rs.10,10,000/- along with interest at the rate of 7.5% per annum. After due deliberations, both the parties have entered into compromise and agreed to settle for a sum of Rs.17,27,797/- (Rupees Seventeen Lakhs Twenty Seven Thousand Seven Hundred and Ninety Seven only) as full quit. The appellant / Insurance Company has already deposited a sum of Rs.7,51,154/-. The appellant / Insurance Company is directed to deposit the award amount, less the amount already deposited, within a period of six (6) weeks from the date of receipt of a copy of this award, failing which the appellant / Insurance Company shall pay the award amount together with interest at the rate of 7.5% per annum.

The fourth respondent, Meenakshi, W/o.Arumugam is entitled for a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only), the second and third respondents / minors are entitled for a sum of Rs. 4,00,000/- (Rupees Four Lakhs only) each and first respondent is entitled for a sum of Rs.11,777,97/-. On deposit of the award amount, the respondents 1 and 4/major claimants are at liberty to withdraw their share amount by filing a formal application before the Tribunal. The share due to the respondents 2 & 3/minors shall be deposited in an interest bearing Fixed Deposit in any one of the nationalized Bank till they attain majority and if attained majority, they are entitled to withdraw their share. The first respondent / guardian of the minors shall withdraw the interest of the minors share amount for their welfare once in three months.

The appellant / Insurance Company is entitled to withdraw the excess award amount already deposited. Consequently, connected miscellaneous petition stands closed. 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.

THE BRANCH MANAGER, RELIANCE GENERAL INSURANCE CO.LTD., PALMOUR LORRY HOUSE, NO.628, ANNA SALAI, TEYNAMPET, CHENNAI-600 018.

Counsel for the Appellant/s

1. SELVI @ PANDISELVI

2. MINOR.RITHIKA

3. MINOR.GOKULAKANNAN (R2 & R3 are rep. By their mother R1)

4. MEENAKSHI 5.NAGARAJ

6. DEIVASIKAMANI 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. SUB JUDGE, DEVAKOTTAI.

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 SABARIMALA PA To The Hon'ble Judges