Madras High CourtCMA(MD)/308/2018allowed

The Oriental Insurance Company v. C. Shanmugapandi

2023-06-10Honourable Mrs Justice L.Victoria Gowri2 pages

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.308 of 2018 (Appeal against the judgment and decree passed on 25/10/2017 in MCOP.1670/2014 on the file of the SPECIAL SUB JUDGE, MADURAI) THE ORIENTAL INSURANCE COMPANY LIMITED, REPRESENTED BY ITS DIVISIONAL MANAGER, TP CLAIMS HUB, NO.16, K.J.R., COMPLEX, NORTH VELI STREET, MADURAI DIST. ...Appellant/2nd Respondent

Versus

1. C. SHANMUGAPANDI S/O. A. CHELLASAMY, D.NO.10, VINAYAGAMOORTHY STREET, SANTHAMANGALAM, MADURAI DIST. ..1st Respondent/Petitioner

2. M.SEKAR S/O. MOOKAIAH THEVAR, D.NO.11, ANNAI THERASA STREET, FATHIMA NAGAR, MADURAI DIST. 2nd Respondent/1st Respondent This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s MR.E.Chandrasekaran and the counsel for the respondent/s MR.V.Muthukamatchi 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 Both sides present. As per the settlement arrived in the Lok Adalat, both parties have agreed to settle the amount of Rs.13,30,000/- (Rupees Thirteen Lakhs and Thirty Thousand only) with interest at the rate of 7.5% from the date of petition till the date of deposit.

The appellant/Insurance Company is directed to deposit the entire award amount, less the amount already deposited, if any, within a period of 4 weeks from the date of receipt of a copy of this order. On such deposit, the claimant/respondent No.1 is permitted to withdraw the award amount without filing formal petition before the Tribunal. https://www.mhc.tn.gov.

DIVISIONAL MANAGER, THE ORIENTAL INSURANCE COMPANY LIMITED, Counsel for the Appellant C. SHANMUGAPANDI M.SEKAR 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. SPECIAL SUB JUDGE, MADURAI.

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