Madras High CourtCMA(MD)/520/2017settled before the lokadalats

Royal Sundaram Alliance v. Kalisamy

2023-10-14Honourable Mr Justice P.B. Balaji2 pages

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 14th day of October 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.V.R.Poobalan, District Judge (retd), Mrs.M.Krishnaveni, Advocate CMA(MD) No.520 of 2017 (Appeal against the judgment and decree passed on 30.11.2016 in MCOP.448/2015 on the file of the Motor Accident Claims Tribunal, Special Sub Judge, Tirunelveli.

Royal Sundaram Alliance Insurance company Ltd., Branch Office 35A 25,4th Floor, Kohinoor Arcade, Kottaya - 686 028, Kerala State Rep.by its Branch manager ...Appellant

Versus

1.Kalisamy 2.K.Amutha 3.K.A.Saleel Managing Director, United Enterprises, D.No.177/3, K.V.S.Industries Building, Kulithalai Road, Kalingapatti, Manaparai, Trichy.

4.Tamil Nadu State Transport Corporation Ltd., Rani Thottam, Nagercoil, Rep. Through its General Manager.

...Respondents

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant Mr.M.E.Elango and the counsel for the respondents Mr.V.Malaiyendran for R1 and R2 and Mr.R.Rajendran for R4 are present. After mutual discussion, negotiation, mediation and conciliation between both parties and with the assistance of the Bench, both sides consented for settlement. A W A R D Mr.Nagendran, Deputy Manager representing the Insurance Company and the claimants Kalisamy and Amutha are present. The Tribunal has awarded a compensation of Rs.8,30,000/- with interest at 12% p.a., Today, the parties are negotiated and mutually agreed for the amount of Rs. 7,80,000/- (Rupees Seven Lakhs Eighty Thousand only) which shall be payable together with interest at 7.5 p.a.

, from the date of filing of the MCOP before the Special Judge, Tirunelveli. It is also represented that the appellant-Insurance Company has already deposited the entire compensation amount together with interest at the rate of 12% p.a. In view of the same, the claimants shall be entitled to withdraw Rs. 7,80,000/- together with interest at 7.5% p.a. from the date of filing of the MCOP. The balance amount shall be withdrawn by the appellant-insurance company. The claimants are permittd to withdraw their shares without insisting on formal applications. https://www.mhc.tn.gov.

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. 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.

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.

Appellant Royal Sundaram Alliance Insurance company Ltd., Branch Office 35A 25,4th Floor, Kohinoor Arcade, Kottaya - 686 028, Kerala State Counsel for the Appellant/s Respondents 1.Kalisamy 2.K.Amutha Counsel for the Respondent/s JUDGE MEMBER MEMBER To: The Parties/Advocate concerned Copy To

1. SPECIAL SUB JUDGE, TIRUNELVELI.

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