M/S Tata Aig General Insurance v. Mrs. Manjula
HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 9th day of March 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.K. RAMAKRISHNAN and Members Mr.G.P.Elango, District Judge(Retired) , Mr.P.Ganapathi Subramanian, Advocate CMA(MD) No.1079 of 2017 (Appeal against the judgment and decree passed on 28/02/2017 in MCOP.1742/2015 on the file of the Motor Accident Claims Tribunal/V Additional District Court, Madurai) M/s.TATA AIG General Insurance Company Ltd, Rep.through its Regioal Manager, North Block, 3rd Floor, AA Towers, 4 and 5 Bye-Pass Road, madurai - 625 016.
...Appellant /2nd Respondent
Versus
1.Manjula 2.M.Vignesh 3.M.Ramkumar ... Respondents/Petitioners 4.A.Kannan .. 4th Respondent/1st Respondent Memo dated 09.01.2024 in USR.N.1269 is recorded to the effect that issuance of notice to 4th respondent is dispensed with as he was set ex-parte before the Tribunal vide Court order, dated 23.01.2024 made in CMA(MD()No.1079/2017) This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s Mr.V.Sakthivel and the counsel for the first respondent Mr.C.Jawahar Ravindran, 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 The Insurance Company has filed the appeal, challenging the award passed in M.C.O.P.No.1742/2015 on the file of the Motor Accident Claims Tribunal/V Additional District Court, Madurai. Both the parties along with their respective counsels are present. The claimants/respondents 1 to 3 are agreed to receive the amount of Rs.10,50,000/- as full quit. For which, the appellant/Insurance Company seeks time for depositing the remaining amount.
The appellant/Insurance Company is directed to deposit the award amount within a period of 12 weeks from the date of receipt of the award, less the amount already deposited, if any. The appellant/Insurance company is permitted to withdraw the excess amount, if any, with accrued interest. On such deposit being made, the first respondent/claimant is permitted to withdraw a sum of Rs.5,00,000/- and the claimants /respondents 2 and 3 are permitted to withdraw a sum of Rs.2,75,000/- each, by filing necessary application before the Tribunal. M/s.TATA AIG General Insurance Company Ltd, Rep.through its Regioal Manager, North Block, 3rd Floor, AA Towers, 4 and 5 Bye-Pass Road, madurai - 625 016.
Counsel for the Appellant 1.Manjula 2.M.Vignesh 3.M.Ramkumar 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 Motor Accident Claims Tribunal/V Additional District Court, 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 D.ARUNA SELVI PA To The Hon'ble Judges