The United India Insurance Co. v. Mary Subila,
HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 10th day of June 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Honourable Mrs Justice L.VICTORIA GOWRI and Members Mr.P.Mohandoss, District Judge(Retired) , Member Mrs.C.Jeya Indira Patel, Advocate, Member CMA(MD) No.781 of 2016 (Appeal against the judgment and decree passed on 02/04/2012 in MCOP.52/2007 on the file of the SUB JUDGE, PADMANABHAPURAM) THE UNITED INDIA INSURANCE CO.
LTD., GURIVAYOOR BRANCH, EAST MADA, GURUVAYOOR POST, TRISSUR DISTRICT, KERALA STATE, REP BY ITS BRANCH MANAGER.
... Appellant/Respondent No.4
Versus
1. MARY SUBILA, W/O.LATE.MALKIAS, D.NO.13-71A, KODIMUNAI, KODIMUNAI POST, COLACHEL VILLAGE, KALKULAM TALUK, K.K.DIST.
2. MINOR SAHAYA MAGIS SURITHI, D/O.LATE.MALKIAS, D.NO.13-71A, KODIMUNAI, KODIMUNAI POST, COLACHEL VILLAGE, KALKULAM TALUK, K.K.DIST.
3. MINOR SANJU S/O.LATE.MALKIAS, D.NO.13-71A, KODIMUNAI, KODIMUNAI POST, COLACHEL VILLAGE, KALKULAM TALUK, K.K.DIST.
(Minor respondents 2 and 3 are represented by their mother and natural guardian/1st respondent)
...Respondents 1 to 3/ Petitioners
4. SATHYAN S/O.KUMARAN, CHOOTACHEL HOUSE, ENGANDIYOOR PO, GURUVAYOOR, TRISSUR DISTRICT, KERALA STATE.
5. K.V.SHAJU, S/O.VELAYUDHAN, KALLUNGAL HOUSE, ENGANDIYOOR POST,GURUVAYOOR, TRISSUR DISTRICT, KERALA STATE.
6. R.DIVAKARAN, S/O.RAMAN, MAKKAL HOUSE, ENGANDIYOOR POST, GURUVAYOOR, TRISSUR DISTRICT, KERALA STATE.
...Respondents 4 to 6/Respondents 1 to 3
This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s MR.C.KARTHIK and the counsel for the respondents 1 to 3 MR.K.N.THAMBI are present. After mutual discussion, negotiation, mediation and conciliation between both parties and with the assistance of the Bench, both sides consented for settlement. https://www.mhc.tn.gov.in/judis
AWARD Both sides present. As per the settlement arrived in the Lok Adalat, both parties have agreed to settle the amount of Rs.8,90,000/- (Rupees Eight Lakhs and Ninety Thousand only) with interest at the rate of 7.5% from the date of petition till the date of deposit. The appellant/Insurance Company has already deposited the entire award amount. The claimants/respondents 1 to 3 are permitted to withdraw the entire amount without filing formal petition before the Tribunal. The Insurance Company is at liberty to withdraw the excess amount, if any.
THE BRANCH MANAGER, THE UNITED INDIA INSURANCE CO.LTD., GURIVAYOOR BRANCH, KERALA STATE, Counsel for the Appellant MARY SUBILA 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, PADMANABHAPURAM.
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 MERCY, PA To The Hon'ble Judges https://www.mhc.tn.gov.in/judis