Branch Manager v. Jeyaseelan

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 09th 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.766 of 2017 (Appeal against the judgment and decree passed on 13/04/2016 in MCOP.127/2013 on the file of the MACT, SPECIAL DISTRICT JUDGE, THANJAVUR) Branch Manager, United India Insurance Company Limited, Having his office at No.74A, Salai Road, Trichy. ...Appellant

Versus

1.Jeyaseelan 2.Muthukumar. ...Respondents This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s A.S.Mathialagan and the counsel for the first respondent J.Muneer Khan for caveator 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 against the award passed in MCOP No.127 of 2013, dated 13.04.2016 on the file of Motor Accident Claims Tribunal / Special District Judge, Thanjavur.

The appellant is the United India Insurance Company, challenging the award passed for injuries sustained by the first respondent / claimant before the Tribunal. Today, the first respondent claimant is present along with his counsel and the Insurance Company represented by M/s.A.S.Mathialagan. The parties have discussed and came to mutual amicable settlement and they have arrived at the compensation amount of Rs.25,00,000/-, which shall be payable together with interest at 7.5% per annum from the date of filing of the MCOP before the Special District Judge, Thanjavur. It is also represented that the appellant - Insurance Company has already deposited a sum of Rs.10,00,000/- and also withdrawn. So, the balance amount of Rs.15,00,000 together with 7.5% interest payable shall be deposited within a period of six weeks from today.

The first respondent shall be entitled to withdrawn the entire amount without filing formal application. We have also taken note of the fact that though the Tribunal has fixed disability at 85%. Today, the claimant has produced the passbook issued by the State Commissioner for Disability, Chennai and also the unique disability ID of the first respondent claimant. We have note that the disability is permanent and is fixed as 60% this has been taken into account for arriving the award of Rs.25,00,000/- which shall carry 7.5% interest.

Branch Manager, United India Insurance Company Limited, Having his office at No.74A, Salai Road, Trichy.

Counsel for the Appellant 1.Jeyaseelan 2.Muthukumar.

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 SPECIAL DISTRICT JUDGE, THANJAVUR.

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/VRN/SML/BTR PA To The Hon'ble Judges