The National Insurance Company Ltd v. Cauvery
HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 14th day of September 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Honourable Mrs Justice S.ANANTHI (Retd.) and Members Mr.K.R.Mathurasekaran District Judge(Retired) , Mr.T.S.Mohamed Mohideen Advocate CMA(MD) No.363 of 2021 (Appeal against the judgment and decree passed on in MCOP No.88/2016 on the file of thwe SUB JUDGE, DEVAKOTTAI) The National Insurance Ltd, Through its Manager, No.12, Muruga Complex, K.K.Road, Villupuram, Villupuram District.
... Appellant
Versus
1.Cauvery 2.Muthu 3.Ayyappan 4.The National Insurance Company, Through its Divisional Manager, North Veli Street, Mannar Sethupathi Higher Secondary School, Madurai Town, Madurai District.
...Respondents
This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant Mr.D.Sivaraman and the counsel for the respondents 1&2 Mr.R.Jenifer Bibin are present. After mutual discussion, negotiation, mediation and conciliation between both parties and with the assistance of the Bench, both sides consented for settlement. 1/3
AWARD The Tribunal has awarded a sum of Rs.73,74,000/- with interest at 7.5% per annum. Aggrieved over the same, the Insurance Company has preferred the present Civil Miscellaneous Appeal.
2.Both the parties are present and they arrived at an amicable settlement for a sum of Rs.49,90,000/= (Rupees Forty Nine Lakhs & Ninty Thousand only) with interest at the rate of 7.5% per annum from the date of filing of the petition. 3.The Insurance Company shall deposit the said amount before the Tribunal within a period of eight weeks from the date of receipt of copy of this order, less the amount already deposited, if any.
4. The respondents 1 & 2 are entitled to get apportionable 50% each of the aforesaid amount. The respondents 1 & 2 are permitted to withdraw the award amount along with interest, without filing any formal permission petition before the Tribunal. The National Insurance Insurance Ltd, Through its Manager.
... Counsel for the Appellant
Versus
1.Cauvery 2.Muthu ... Counsel for the Respondents 1 & 2 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 2/3
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 SUB JUDGE, DEVAKOTTAI.
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/RMI/IAS PA To The Hon'ble Judges 3/3