Madras High CourtCMA(MD)/336/2018settled before the lokadalats

The Branch Manager v. Selvi,

2023-05-13Honourable Mrs Justice S.Srimathy3 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.336 of 2018 (Appeal against the judgment and decree passed on 21/02/2017 in MCOP.1176/2015 on the file of the SPECIAL DISTRICT JUDGE, THANJAVUR) THE BRANCH MANAGER RELIANCE GERERAL INSURANCE CO.LTD, P.L.A.KANAKU TOWERS,2ND FLOOR, THILLAI NAGAR,TRICHY ...Appellant

Versus

1.SELVI, W/O.LATE BABU @ CHANDRAN,NO.8-C,SANTHA USEN THAIKKAL STREET, KEEZHAVASAL,THANJAVUR TOWN & MUNSIFI 2.KARTHICK S/O.LATE BABU @ CHANDRAN,NO.8-C,SANTHA USEN THAIKKAL STREET, KEEZHAVASAL,THANJAVUR TOWN & MUNSIFI 3.KARTHIKA JOTHI D/O.LATE BABU @ CHANDRAN,NO.8-C,SANTHA USEN THAIKKAL STREET, KEEZHAVASAL,THANJAVUR TOWN & MUNSIFI 4.MINOR NANDHAKUMAR S/O.LATE BABU @ CHANDRAN,REP.BY THEIR MOTHER 1ST PETITIONER 5.MINOR RAMAR S/O.LATE BABU @ CHANDRAN,REP.BY THEIR MOTHER 1ST PETITIONER 6.MINOR LAKSHMANAN S/O.LATE BABU @ CHANDRAN,REP.BY THEIR MOTHER 1ST PETITIONER, ANGAMMAL(DIED) 7.GOPALSAMY, S/O.AYYAKKANNU,NO.129-RAMAN KANDIYAR STREET, VADUVOOR VADAPATHY,MANNARGUDI TALUK, THIRUVARUR DIST

...Respondents

This case came up for settlement before the Lok Adalat. Both the parties present. Mr.S.Srinivasa Raghavan, learned counsel for the appellants and Mr.K.Senthil Kumar, learned counsel for the respondents 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.15,69,560 (Rupees Hundred and Eighty Only) along with 7.5% interest, passed by the Tribunal, the appellant / Insurance Company has filed the present appeal. 2.It is represented by the learned counsel for the appellant / Insurance Company that a sum of Rs. 19,38,929/- (Rupees Nineteen Lakhs Thirty Eight Thousand Nine Hundred and Twenty Nine Only) was already deposited. Now, both the parties have settled for a sum of Rs.18,50,000/- (Rupees Eighteen Lakhs and Fifty Thousand Only) along with accrued interest. The appellant / Insurance Company is entitled to get the balance amount of Rs.88,929/- (Rupees Eighty Eight Thousand Nine Hundred and Twenty Nine Only) along with accrued interest from the date of deposit from the Bank. The settled amount of Rs.

18,50,000/- along with accrued interest shall be transferred to the Tribunal, so that the claimants shall withdraw the said amount. The claimants are permitted to withdraw the settled amount of Rs.18,50,000/- along with accrued interest from the Tribunal as per the apportionment made by the Tribunal by filing formal application before theTribunal.

THE BRANCH MANAGER RELIANCE GERERAL INSURANCE CO.LTD, P.L.A.KANAKU TOWERS,2ND FLOOR, THILLAI NAGAR,TRICHY Counsel for the Appellant SELVI, W/O.LATE BABU @ CHANDRAN,NO.8-C,SANTHA USEN THAIKKAL STREET, KEEZHAVASAL,THANJAVUR TOWN & MUNSIFI KARTHICK S/O.LATE BABU @ CHANDRAN,NO.8-C,SANTHA USEN THAIKKAL STREET, KEEZHAVASAL,THANJAVUR TOWN & MUNSIFI KARTHIKA JOTHI D/O.LATE BABU @ CHANDRAN,NO.8-C,SANTHA USEN THAIKKAL STREET, KEEZHAVASAL,THANJAVUR TOWN & MUNSIFI MINOR NANDHAKUMAR S/O.LATE BABU @ CHANDRAN,REP.BY THEIR MOTHER 1ST PETITIONER MINOR RAMAR S/O.LATE BABU @ CHANDRAN,REP.BY THEIR MOTHER 1ST PETITIONER MINOR LAKSHMANAN S/O.LATE BABU @ CHANDRAN,REP.BY THEIR MOTHER 1ST PETITIONER, GOPALSAMY, S/O.AYYAKKANNU,NO.129-RAMAN KANDIYAR STREET,VADUVOOR VADAPATHY,MANNARGUDI TALUK, THIRUVARUR DIST 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 DISTRICT JUDGE, 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 YUVARANI PA To The Hon'ble Judges