Hdfc Ergo General Ins. Co. Ltd v. Santhi

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 9th 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 CMA(MD) No.376 of 2017 and Cross.Objection (MD)No.16 of 2017 (Appeal against the judgment and decree passed on 08/09/2015 in MCOP.15/2013 on the file of the SUB JUDGE, UTHAMAPALAYAM) CMA(MD) No.376 of 2017 HDFC ERGO GENERAL INS. CO. LTD NEW NO.528 OLD NO.555, 2ND FLOOR, ANNA SALAI, TEYNAMET, CHENNAI. ...Appellant

Versus

1.SANTHI 2.ANUJA 3.MINOR SARAVANA KUMAR

4.MINOR NAVEEN KUMAR 5.DEIVENDIRAN

...Respondents

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s Mr.S.Srinivasa Raghavan and the counsel for the respondent/s Mr.G.Mannar Mannar are present. After mutual discussion, negotiation, mediation and conciliation between both parties and with the assistance of the Bench, both sides consented for settlement. Cross.Objection (MD)No.16 of 2017 1.SANTHI 2.ANUJA 3.MINOR SARAVANA KUMAR 4.MINOR NAVEEN KUMAR ...Cross objectors /claimants

Versus

1.HDFC ERGO GENERAL INS.CO.LTD., N.NO.528, O.NO.555, II FLOOR, ANNA SALAI, TEYNAMPET, CHENNAI-18.

2.A.DEIVENDRAN S/O.AYYAR THEVAR, 3/2/63, AGRAHARAM STREET, MARKAYANKOTTAI, CHINNAMANUR VIA, UTHAMAPALAYAM TK, THENI DT.

...Respondents

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s Mr.G.Mannar Mannan and the counsel for the respondent/s Mr.S.Srinivasa Raghavan 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 appeal is at the instance of the Insurance Company. The claimants have preferred a cross objection, against the award granted by the Tribunal of Rs.16,46,000/- along with interest and costs. After due deliberations and mutual discussion, both the appellant / Insurance Company as well as the cross objectors / claimants have agreed to withdraw the respective appellant / cross objector and confirmed the award already fixed by the Tribunal Rs.16,46,000/- along with interest and costs. It is brought to our notice the entire award together with interest ie. Rs.22,27,363/- have been deposited before the Tribunal.

2. It is brought to our notice that two of the claimants, who were minors at the time of filing of the C.M.A., have no become major. However, the amounts payable to them shall be ordered tothem, on being satisfy on production of relevant documents, like Birth certificate, Aadhar card, etc., The appeal as well as the cross objection have been dismissed as withdrawn. The claimants are permitted to withdraw their respective share amount with proportionate interest and costs, without insisting on formal applications before the Tribunal.

3. The court fee paid shall be refunded to the parties in the manner provided under the Court Fees Act 1870 as provided for under Sub Section 1 of Section 21 of the LSA Act, 1987, as amended in 1994.

4. The original of the award shall be placed in the Court record and copy of the award shall be kept with the High Court Legal Service Committee and one copy each is furnished to both parties free of cost.

5. 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 conditions and accordingly, the award is passed. HDFC ERGO GENERAL INS. CO. LTD NEW NO.528 OLD NO.555, 2ND FLOOR, ANNA SALAI, TEYNAMET, CHENNAI.

Counsel for the Appellant SANTHI W/O LATE NAGARAJ, WARD NO.5, WEST ST. SARASWATHI NAGAR, PULIKUTHI POST, UTHAMAPALAYAM TK, THENI DIST. ANUJA MINOR SARAVANA KUMAR MINOR NAVEEN KUMAR DEIVENDIRAN Counsel for the Respondents

This Lok Adalat award is passed in terms of the above settlement.

JUDGE MEMBER MEMBER To: The Parties/Advocate concerned Copy To

1. SUB JUDGE, UTHAMAPALAYAM.

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 PA To The Hon'ble Judges