Madras High CourtCMA(MD)/1117/2022settled before the lokadalats

The Branch Manager, v. Rajammal,

2023-12-09Honourable Mr Justice P.B. Balaji4 pages

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 09th day of December 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Honourable Mr. Justice P.B.Balaji and Members Mr.P.Mohandoss, District Judge, (Retired), Mrs.C.Jeya Indra Patel, Advocate (Appeal against the judgment and decree passed on 28/02/2022 in MCOP No.597/2016 on the file of the MACT (Additional District Court), PUDUKOTTAI) Branch Manager, United India Insurance Company Limited, TSN 5476-79, Sundaram Masila Maligai, Near Anna Statute, Pudukottai-622 001.

... Appellant

Versus

1.Rajammal 2.Ganesan 3.Thangadurai 4.Palanivelu ... Respondents This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant Mr.I.Robert Chandra

Kumar and the counsel for the respondents Mr.O.S.Vijaya Sarathy 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 This appeal is filed against the award passed in MCOP No.597 of 2016, dated 28.02.2022, on the file of the Motor Accident Claims Tribunal / Additional District Court, Pudukottai. The Insurance Company has preferred an appeal against the award passed by the Tribunal is to the tune of Rs.6,63,000/-. The claimants are wife and sons of the deceased Thangaiya, who died in road accident on 22.06.2016. The parties have discussed the quantum in order to arrive at an amicable settlement and after much deliberation, they have finally arrived at a sum of Rs.5,75,000/- payable together with interest at 7.5% per annum from the date of MCOP till the date of deposit. Award amount, less than the amount, already deposited by the appellant Insurance Company shall be deposited within a period of eight weeks and on such deposit, the respondents claimant shall be entitled to withdraw the same without filing any formal apportionment application. The wife shall be entitled

to 2.75 lakhs and the sons shall be entitled to 1.50 lakhs each together with appropriate interest.

Branch Manager, United India Insurance Company Limited, TSN 5476-79, Sundaram Masila Maligai, Near Anna Statute, Pudukottai-622 001.

Counsel for the Appellant 1.Rajammal 2.Ganesan 3.Thangadurai 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. The ADDITIONAL DISTRICT COURT, PUDUKOTTAI.

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 LS/VRN/SML/BTR PA To The Hon'ble Judges