The Branch Manager, v. Shanmuga Rajesh

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 8th day of March 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Honourable Mr.Justice M.JOTHIRAMAN and Members Mr.S.Udhayan,District Judge(Retired) , Mrs.C.Jeya Indira Patel, Advocate CMA(MD) No.930 of 2024 (Appeal against the judgment and decree passed on 23/03/2023 in MCOP.290/2019 on the file of the Motor Accident Claims Tribunal/ ADDITIONAL DISTRICT COURT, SRIVILLIPUTTUR) The Branch Manager, New India Assurance Company Limited, Door no.105/1, 1st Floor, Madurai Road, Virudhunagar, Virudhunagar District.

...Appellant

Versus

1. Shanmuga Rajesh

2. Minor Karthickumar

3. Bharathiraja

4. Chandramohan (The 2nd minor petitioner is represented through his brother and natural guardian 1st petitioner)

...Respondents

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant Mr.V.Sakthivel and the counsel for the respondents M/s.Sangararamasubramaian and K.Muthukumarasamy 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 Aggrieved by the award passed by the Tribunal, the Appellant/Insurance Company has filed the present

appeal.

After due delibrations, both the parties have agreed into compromise and agreed to modify the amount to a sum of Rs.1,10,00,000/-(Rupees One Crore Ten Lakhs Only) towards full quit. The appellant has already deposited a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) before the Tribunal. The appellant is directed to deposit the remaining amount of Rs.1,09,75,000/-(Rupees One Crore Nine Lakhs and Seventy Five Thousand Only) within a period of Six weeks from the date of the Order. On such deposit being made, the claimants are entitled to withdraw the amount, equally, by filing formal application before the Tribunal. The Branch Manager, New India Assurance Company Limited, Door no.105/1, 1st Floor, Madurai Road, Virudhunagar, Virudhunagar District.

Counsel for the Appellant

1. Shanmuga Rajesh S/o.Chandramohan, Door no.5/761, A-3, Panchayat Union Colony, Abdulkalam Nagar, Chathira Reddiyapatti, Virudhunagar Post, Virudhunagar District.

2. Minor Karthickumar S/o.Chandramohan, Door no.5/761, A-3, Panchayat Union Colony, Abdulkalam Nagar, Chathira Reddiyapatti, Virudhunagar Post, Virudhunagar District.

(The 2nd minor petitioner is represented through his brother and natural guardian 1st petitioner) 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. The Motor Accident Claims Tribunal/ADDITIONAL DISTRICT COURT,VIRUDHUNAGAR.

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 SUBATHRA PA To The Hon'ble Judges