The Branch Manager v. Periyasamy

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 Mr Justice K.K. RAMAKRISHNAN and Members Mr.S.Udhayan, District Judge(Retired) , Mr.P.Ganapathi Subramanian, Advocate CMA(MD) No.1075 of 2017 (Appeal against the judgment and decree passed on 04/06/2014 in MCOP.6/2012 on the file of the PRINCIPAL DISTRICT JUDGE,DINDIGUL.) THE BRANCH MANAGER THE NATIONMAL INSURANCE CO. LTD., SUB COLLECTOR OFFICE ROAD, DINDIGUL. ...Appellant/s

Versus

PERIYASAMY S/O. LATE. THIRUMALGOUNDER, PANNAPATTI, SUKKAMPATTI POST, AGARAM VILLAGE, DINDIGUL DISTRICT.

PORAPPAN S/O. PERIYASAMY, PANNAPATTI, SUKKAMPATTI POST, AGARAM VILLAGE, DINDIGUL DISTRICT.

POSAMMAL D/O. PERIYASAMY, PANNAPATTI, SUKKAMPATTI POST, AGARAM VILLAGE, DINDIGUL DISTRICT.

KANNAN S/O. PERUMAL GOUNDER, GOUNDER STREET, THENNAMPATTI, VADAMADURAI UNION, DINDIGUL DISTRICT.

NAVANEETHAKRISHNAN S/O. SAVADAMUTHU, NO.8/85, THENNAMPATTI, VADAMADURAI UNION, DINDIGUL DISTRICT.

...Respondent/s

This case came up for settlement before the Lok Adalat. Both the parties are present. The counsel for the appellant/s Mr.S.Srinivasa Raghavan and the counsel for the respondent/s Mr.K.Gopalakrishnan 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 passed by the Tribunal, the appellant / Insurance Company has preferred the present appeal. Pending the appeal, the first respondent and the third respondent died and their only legal heir second respondent has already come on record. https://www.mhc.tn.gov.in/judis

The settlement arrived at between the Insurance Company and the second respondent in the following terms :

After negotiations, the second respondent agrees to receive a sum of Rs.1,55,000/- (Rupees One Lakh Fifty Five Thousand only) as full quit. The appellant/insurance company is directed to deposit the award amount, after deducting the amount already deposited, if any, within a period of four weeks from the date of receipt of copy of this order. On such deposit, the second respondent is permitted to withdraw a sum of Rs.1,55,000/- (Rupees One Lakh Fifty Five Thousand only) on filling necessary application before the Tribunal.

THE BRANCH MANAGER THE NATIONMAL INSURANCE CO. LTD., SUB COLLECTOR OFFICE ROAD, DINDIGUL. Counsel for the Appellant PORAPPAN S/O. PERIYASAMY, PANNAPATTI, SUKKAMPATTI POST, AGARAM VILLAGE, DINDIGUL DISTRICT. Counsel for the Respondent 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. PRINCIPAL DISTRICT JUDGE,DINDIGUL..

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