The Branch Manager, v. M.Palraj,
HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday, the 11th day of March, 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Hon'ble Mr.Justice K.K.RAMAKRISHNAN and Members Mr.John.R.D.Santhosam, Judge (Retired) & Mrs. C.Jeya Indira Patel, Advocate CMA(MD) No.840 of 2018 (Appeal against the judgment and decree passed on 26/06/2018 in MCOP.395/2017 on the file of the IV ADDITIONAL DISTRICT JUDGE, MADURAI) THE BRANCH MANAGER, M/S.UNITED INDIA INSURANCE CO.LTD., 7-A, PANDIAN BUILDING, WEST VELI STREET, MADURAI, MADURAI DISTRICT.
...Appellant
Versus
1.M.PALRAJ, S/O.MURUGAN, 1-217C, GANESAPURAM, PALLAPATTY, DINDIGUL DISTRICT.
2.P.ASOTHAI, W/O.PALRAJ, 1-217C, GANESAPURAM, PALLAPATTY, DINDIGUL DISTRICT.
3.GUNASEKARAN,
S/O.SRIRENGAM, MEENATCHINAICKANPATTY, KURUMBAPATTY, DINDIGUL DISTRICT.
...Respondents
This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant Mr.B.Rajesh Saravanan and the counsel for the respondents 1 and 2, Ms.A.Banumathy 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 Today, both the parties are agreed to resolve their issues as per the following terms.
2. The claimants are agreed to receive Rs.7,00,000/- as total compensation with 7.5% interest from the date of the petition (i.e) 06.03.2017 till the date of deposit.
3. It is represented by the learned counsel for the Insurance Company that they have already deposited a sum of Rs.7,00,000/- with interest 7.5% up to the date 28.12.2018. Hence, the claimants are permitted to withdraw the entire award amount with interest and costs on equal share without filing formal application before the tribunal.
4. It is seen from the records that the award was passed with right of pay and recovery from the third respondent herein / first respondent before the tribunal. Since there was no appeal filed on behalf of the third respondent herein / first respondent before the tribunal challenging the pay and recovery and also he was set exparte before the tribunal. This Coram entertained the compromise between the parties and the right of pay and recovery as per the decree is affirmed. THE BRANCH MANAGER, M/S.UNITED INDIA INSURANCE CO.LTD., 7-A, PANDIAN BUILDING, WEST VELI STREET, MADURAI DISTRICT.
Counsel for the Appellant M.PALRAJ P.ASOTHAI 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. IV ADDITIONAL DISTRICT JUDGE, MADURAI.
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 PJL/CP/INDU PA To The Hon'ble Judges