Madras High CourtCMA(MD)/43/2023settled before the lokadalats

M.Karuppiah, v. Baskar

2023-05-13Honourable Mrs Justice S.Ananthi (Retd.)4 pages

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 13th day of May 2023 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.A.Subramanian, District Judge(Retired), Mr.S.Suresh Kumar Isaac Paul, Advocate CMA(MD) No.43 of 2023 (Appeal against the judgment and decree passed on 23/06/2022 in MACTOP.320/2019 on the file of the SPL. SUB JUDGE(MCOP Cases), DINDIGUL.) M.Karuppiah, S/o. Muthu, 5/1/43, John Street, Sithayankottai, Athur Taluk, Dindigul District. ...Appellant/s

Versus

Baskar S/o. Ganesan, 1/73, West Street, Akkaraipatti, Athur Taluk, Dindigul District. The Branch Manager, The United India Insurance Company Limited, 54-A, Mythili Nivas, Palani Road, Dindigul-1.

...Respondent/s

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s Mr.S.PUGALENDHI and the counsel for the second respondent/s Mr.S.MATHIALAGAN are present. There is no representation for the first respondent. After mutual discussion, negotiation, mediation and conciliation between both parties and with the assistance of the Bench, both sides consented for settlement.

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AWARD Aggrieved by the Award passed by the Tribunal, the appellant / claimant has filed the present Appeal.

After due deliberations, both the parties have accepted to settle the matter for a sum of Rs.3,00,000/- (Rupees Three Lakhs only) with interest at the rate of 7.5% per annum from the date of filing of the claim petition till realization in addition to the Tribunal award amount Rs.1,97,600/- (Rupees One Lakh Ninety Seven Thousand and Six Hundred only) with interest (totally a sum of Rs.4,97,600/-). It is represented by the second respondent Insurance Company that the second respondent has already deposited the entire amount awarded by the Tribunal together with interest. The appellant has already withdrawn the Tribunal award amount with interest. Hence, the second respondent is directed to deposit a sum of Rs.3,00,000/- (Rupees Three Lakhs only) with interest at the rate of 7.5% per annum from the date of filing of the claim petition till realization within a period of four weeks from the date of receipt of copy of this Award. The appellant / claimant is permitted to withdraw the balance award amount of Rs.3,00,000/- with interest by filing formal application before the Tribunal.

M.Karuppiah, S/o. Muthu, 5/1/43, John Street, Sithayankottai, Athur Taluk, Dindigul District. Counsel for the Appellant/s Baskar S/o. Ganesan, 1/73, West Street, Akkaraipatti, Athur Taluk, Dindigul District. 2/4

The Branch Manager, The United India Insurance Company Limited, 54-A, Mythili Nivas, Palani Road, Dindigul-1.

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. SPL. SUB JUDGE(MCOP Cases), DINDIGUL..

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. 3/4

Typed By MALA PA To The Hon'ble Judges 4/4