Madras High CourtCMA(MD)/1153/2018settled before the lokadalats

The New India Assurance Co Ltd v. K.Gnana Shanmugam,

2023-05-13Honourable Mrs Justice S.Srimathy2 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.SRIMATHY and Members Mr.R.Sadayandi, District Judge(Retired) and Mrs.N.Krishnavani (Senior Advocate) CMA(MD) No.1153 of 2018 (Appeal against the judgment and decree passed on 10/08/2018 in M.C.O.P.216/2015 on the file of the SUB JUDGE, PALANI.) THE NEW INDIA ASSURANCE CO LTD THROUGH ITS BRANCH MANAGER, M.L.COMPLEX, 1ST FLOOR, D.NO.10.11, CHURCH ROAD, DHARAPURAM. ...Appellant

Versus

K.GNANA SHANMUGAM, S/O.KUMARASAMY, D.NO.1/12, MARIAMMAN KOIL ST, MELKARAIPATTY, PALANI TK, DINDIGUL DT.

M.VASANTHA, W/O.MAHENDRAN, D.NO.B-3, N.G.O.COLONY, DHARAPURAM, TIRUPPUR DT. ..Respondents This case came up for settlement before the Lok Adalat. Both the parties present. Mr.J.S.Murali, learned counsel for the appellant and Mr.K.M.Karunakaran, learned counsel for the 1st respondent 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 amount of Rs.4,29,100/- (Rupees Four Lakhs Twenty Nine Thousand and One Hundred Only) along with interest at 7.5% passed by the Tribunal, the appellant / Insurance Company has filed the present appeal.

2.It is represented that the total award amount is deposited before the Bank. The parties have settled for a sum of Rs.4,00,000/- (Rupees Four Lakhs Only) as full quit. The total award amount shall be transferred to the Tribunal, so that the parties shall withdraw their respective amount. The claimant is permitted to withdraw the settled amount of Rs.4,00,000/- from the Tribunal, by filing formal application before the Tribunal. The appellant / Insurance Company is permitted to withdraw the balance amount. THE NEW INDIA ASSURANCE CO LTD THROUGH ITS BRANCH MANAGER, M.L.COMPLEX, 1ST FLOOR, D.NO.10.11, CHURCH ROAD, DHARAPURAM.

Counsel for the Appellant K.GNANA SHANMUGAM, S/O.KUMARASAMY, D.NO.1/12, MARIAMMAN KOIL ST, MELKARAIPATTY, PALANI TK, DINDIGUL DT. https://www.mhc.tn.gov.in/judis

M.VASANTHA, W/O.MAHENDRAN, D.NO.B-3, N.G.O.COLONY, DHARAPURAM, TIRUPPUR DT. 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, PALANI..

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 YUVARANI PA To The Hon'ble Judges https://www.mhc.tn.gov.in/judis