M/S. National Insurance Co. Ltd., v. M.Andi,
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 G.CHOCKALINGAM (Retd.) and Members MR.P.MURUGIAH, District Judge(Retired) & MR.P.R.BALASUBRAMANIAN, Advocate CMA(MD) No.42 of 2024 & CMP(MD)No.658 of 2024 (Appeal against the judgment and decree passed on 20/01/2023 in MCOP.36/2021 on the file of the Motor Accidents Claims Tribunal, Sub Court, Thoothukudi) M/s. National Insurance Co. Ltd., Through its Branch Manager, 2nd Floor, 92 Devarpuram Road, Near Court Buildings, Thoothukudi.
...Appellant
Versus
1. M.Andi, S/o.Muthusamy, 2/86, East Street, Puthiyamputhur, Ottapidaram, Thoothukudi.
2. Sheeba Agencies through its Branch Manager, 72A, Ramarvilai, Thoothukudi.
...Respondents
(R2 remained exparte before the Tribunal) This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant Ms.P.Malini and the counsel for the 1st respondent Mr.M.Palaniselvam 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 It is a case of injury. Challenging the award passed by the Tribunal, the insurance company has come up with this appeal.
2. After due deliberation and discussion, the parties are willing to settle the matter for a sum of Rs.5,25,000/- (Rupees Five Lakhs and Twenty Five Thousand only) together with interest at the rate of
7.5% per annum from the date of claim petition till the date of deposit and costs awarded by the lower court i.e., Rs.18,632/-. The appellant is directed to deposit the aforesaid compensation now arrived at by this Lok Adalat at Rs.5,25,000/- with interest at the rate of 7.5% per annum from the date of claim petition till the date of deposit and costs, less the amount already deposited, if any, to the credit of the claim petition within a period of eight weeks from the date of receipt of a copy of this Award. On such deposit, the 1st respondent/claimant is permitted to withdraw the same without filing formal permission petition before the Tribunal.
3. The Civil Miscellaneous Appeal is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.
The Branch Manager, M/s.National Insurance Co. Ltd., 2nd Floor, 92 Devarpuram Road, Near Court Buildings, Thoothukudi.
Counsel for the Appellant/s M.Andi, S/o.Muthusamy, 2/86, East Street, Puthiyamputhur, Ottapidaram, Thoothukudi. The Branch Manager, Sheeba Agencies, 72A, Ramarvilai, Thoothukudi.
Counsel for the Respondent/s 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. SUB JUDGE, THOOTHUKUDI.
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 BALAJI PS To The Hon'ble Judges