The General Manager, v. Arumugam,
HIGH COURT LEGAL SERVICES COMMITTEE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 8th day of June 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Honourable Mr.Justice K.RAJASEKAR and Members Mr.P.Mohandoss, District Judge(Retired) and Mrs.M.Krishnaveni, Advocate C.M.A.(MD).No.641 of 2018 and C.M.P.(MD)No.7482 of 2018 (Against the judgment and decree passed on 02.08.2017 in MCOP.160/2013 on the file of the Motor Accident Claims Tribunal, Additional District Judge, Ramanathapuram) The General Manager, M/s.Reliance General Insurance Company Ltd., BLA Kanagu Towers, Dhilli Nagar, 2nd Cross, Trichy - 18. ... Appellant
Versus
1.Arumugam 2.Santhi 3.Kirubakaran 4.Keerthika (Minor) (minor R4 Rep. By her mother / guardian R1) ... Respondents / Respondents This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant, Mr.S.Srinivasa Raghavan and the counsel for the respondents, Mr.M.S.Jeyakarthick 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 by the appellant / Insurance Company as against the judgment and decree passed on 02.08.2017 in MCOP.160/2013 on the file of the Motor Accident Claims Tribunal, Additional District Judge, Ramanathapuram. The Tribunal has awarded a sum of Rs.17,47,000/- along with interest at the rate of 7.5% per annum.
After due deliberations, both the parties have entered into compromise and agreed to settle for a sum of Rs.19,00,000/- (Rupees Nineteen Lakhs only) as full quit. The appellant / Insurance Company is directed to deposit the award amount, less the amount already deposited, within a period of six (6) weeks from the date of receipt of a copy of this award, failing which the petitioner / Transport Corporation shall pay the award amount together with interest at the rate of 7.5% per annum. In the above said award, the mother of the deceased / second respondent herein is entitled for a sum of Rs.9,50,000/- along with proportionate interest and costs and the other claimants, viz., respondents 1, 3 and 4 herein are entitled to equal share of Rs. 9,50,000/-.
On such deposit being made, the respondents 1 to 3 /major claimants are at liberty to withdraw their share amount in the ratio as apportioned by this Court by filing formal application before the Tribunal. https://www.mhc.tn.gov.in/judis
The share due to the fourth respondent/ minor shall be deposited in an interest bearing Fixed Deposit in any one of the nationalized Bank till she attains majority. The first respondent / guardian of the minor shall withdraw the interest of the minor deposit amount for her welfare once in three months. The connected Miscellaneous Petition is closed.
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.
The General Manager, M/s.Reliance General Insurance Company Ltd., BLA Kanagu Towers, Dhilli Nagar, 2nd Cross, Trichy - 18. Counsel for the Appellant 1.Arumugam 2.Santhi 3.Kirubakaran 4.Keerthika (Minor) (minor R4 Rep. By her father / guardian R1) Counsel for the Respondents JUDGE MEMBER MEMBER To: The Parties/Advocate concerned Copy To: 1. The Motor Accident Claims Tribunal, Additional District Judge, Ramanathapuram
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: L.SABARIMALA, PA To The Hon'ble Judges https://www.mhc.tn.gov.in/judis