The Divisional Manager, v. Chandran
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 Mr Justice K.K. RAMAKRISHNAN and Members Mr.John.R.D.Santhosam Judge (Retired) & Mrs. C.Jeya Indira Patel, Advocate CMA(MD) No. 317 of 2016 (Appeal against the judgment and decree passed on 08/10/2014 in MC.O.P. No.391/2012 on the file of the Motor Accidents Claims Tribunal / PRINCIPAL SUB JUDGE, TENKASI) THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO.LTD., TENKASI.
...Appellant
Versus
1.CHANDRAN 2.MINOR.KEERTHANA 3.MINOR.SUBASHRI (MINOR RESPONDENTS 2 AND 3 ARE REPRESENTED THROUGH THEIR GUARDIAN AND NEXT FRIEND CHANDRAN FIRST RESPONDENT)
4. ISAKKIMUTHU
...Respondents
This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant Mr.J.S.Murali and the counsel for the
respondents 1 to 3 Mr.M.Saravanan 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 Today, both the parties are agreed to resolve their issues as per the following terms.
2. The claimants agreed to receive a sum of Rs.15,78,000/- (Rupees Fifteen lakhs and Seventy Eight Thousand only) at the rate of 7.5% interest from the date of petition till the date of deposit. The appellant/Insurance Company informed the Court that the entire amount awarded by the tribunal has already been deposited.
3. The first respondent/first petitioner is entitled to withdraw a sum of Rs.7,00,000/- (Rupees Seven Lakhs only) without filing necessary application before the tribunal. The minor second respondent/second petitioner is entitled for a sum of Rs.4,39,000/- (Rupees Four Lakhs and Thirty Nine Thousand only) and the minor third respondent/third petitioner is entitled for a sum of Rs.4,39,000/- (Rupees Four Lakhs and Thirty Nine Thousand only). In so far as the minor second and third claimants/ 2nd and 3rd respondents herein are concerned, their share shall be deposited in any of the Nationalized Bank till
they attain majority and the first respondent/father and natural guardian of the minors is entitled to withdraw the accrued interest once in three months. The appellant/Insurance Company is entitled to withdraw the excess amount, already deposited, if any.
THE DIVISIONAL MANAGER, UNITED INDIA INSURANCE CO.LTD., TENKASI.
Counsel for the Appellant 1.CHANDRAN 2.MINOR.KEERTHANA 3.MINOR.SUBASHRI (MINOR RESPONDENTS 2 AND 3 ARE REPRESENTED THROUGH THEIR GUARDIAN AND NEXT FRIEND CHANDRAN FIRST RESPONDENT) 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. MACT / PRINCIPAL SUB JUDGE, 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 PJL/CP/INDU PA To The Hon'ble Judges