Madras High CourtCMA(MD)/1426/2016settled before the lokadalats

The Manager v. Baskar

2023-05-13Honourable Mrs Justice S.Ananthi (Retd.)3 pages

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 13th day of May 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.ANANTHI (Retd.) and Members Mr.A.Subramanian, District Judge(Retired) , Mr.S.Suresh Kumar Isaac Paul, Advocate CMA(MD) No.1426 of 2016 (Appeal against the judgment and decree passed on 06/06/2014 in MCOP NO.241/2012 on the file of the SPECIAL SUB COURT, THANJAVUR) THE MANAGER HDFC AT G3 REARSITE NO.111, SUTHA BHARATHITASAN SALAI, ORAMINENT ROAD, CONDONMENT, TRICHY.

...Appellant/s

Versus

BASKAR S/O MUTHAIYAN, SAMUTHIRAPATTI, KAMAPURAM PO, KANTHARVAKOTTAI TK, PUDUKOTTAI, AT THOMBANKUDISAI, MANAMPUCHAVADI, THANJAVUR.

K.ANANDHAN S/O KRISHNAN, NO.5/3, NEW NO.459/5, MELATHERU, NEIVASAL THERKKU, ORATHANADU TK, THANJAVUR.

...Respondent/s

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s Mr.N.Shyllappa Kalyan and the counsel for the first respondent Mr.R.Jeyakumar are present. There is no representation for the second respondent. After mutual discussion, negotiation, mediation and conciliation between 1/3

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.

After due deliberations, both the parties have entered into compromise and agreed to modify the award amount to a sum of Rs.14,90,000/- (Rupees Fourteen Lakhs Ninety Thousand only) towards full quit. The appellant has already deposited a sum of Rs. 16,98,566/- before the Tribunal. The first respondent / claimant is permitted to withdraw a sum of Rs.14,90,000/- (Rupees Fourteen Lakhs Ninety Thousand only) by filing formal application before the Tribunal. The excess payment made by the Insurance Company, shall be refunded to the Insurance Company along with accrued interest.

THE MANAGER HDFC AT G3 REARSITE NO.111, SUTHA BHARATHITASAN SALAI, ORAMINENT ROAD, CONDONMENT, TRICHY.

Counsel for the Appellant/s BASKAR S/O MUTHAIYAN, SAMUTHIRAPATTI, KAMAPURAM PO, KANTHARVAKOTTAI TK, PUDUKOTTAI, AT THOMBANKUDISAI, MANAMPUCHAVADI, THANJAVUR.

K.ANANDHAN S/O KRISHNAN, NO.5/3, NEW NO.459/5, MELATHERU, NEIVASAL THERKKU, ORATHANADU TK, THANJAVUR.

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Counsel for the Respondent/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. SPECIAL SUB COURT, THANJAVUR.

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 MALA PA To The Hon'ble Judges 3/3