The Branch Manager v. Suresh Kumar

HIGH COURT LEGAL SERVICES COMMITTEE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 8th day of June 2024 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Honourable Mr.Justice K.RAJASEKAR and Members Mr.P.Mohandoss, District Judge (Retired), Mrs.M.Krishnaveni, Advocate C.M.P.(MD) Nos.11377 & 11380 of 2019 and C.M.A.(MD)No.SR900 of 2018 (To condone the delay of 79 days in filing the Appeal and to set aside the order dated 05.07.2019 passed in CMP(MD)No.5748 of 2019 as against the judgment and decree passed on20.07.2017 in MCOP.224 of 2014 on the file of the Motor Accident Claims Tribunal, Principal District Judge, Dindigul) The Branch Manager, Reliance General Insurance Company Ltd., 5A, P.L.A. Kanagu Towers, 1st Floor, 11th Cross Thillai Nagar, Trichy ... Appellant

Versus

1.Suresh Kumar 2.Anil Kumar 3.Elilarasi .. Respondents This case came up for settlement before the Lok Adalat. The counsel for the petitioner Mr.K.Gokul is present. AWARD These Petitions are filed by the petitioner/Insurance Company to condone the delay of 79 days in filing the Appeal and to set aside the order dated 05.07.2019 passed in CMP(MD)No.5748 of 2019 and the appeal is filed as against the judgment and decree passed on 20.07.2017 in MCOP.224 of 2014 on the file of the Motor Accident Claims Tribunal, Principal District Judge, Dindigul.

2. Now, the petitioner / Insurance Company is willing to withdraw the petitions and undertakes to deposit the award amount fixed by the Tribunal within a period of six weeks.

3. In view of the above submission, these Petitions are dismissed as withdrawn and consequently C.M.A.No.SR. 900 of 2018 is also dismissed at the SR stage. The judgment of the Tribunal is confirmed. As per the order of the Tribunal, the petitioner / Insurance Company is directed to deposit the entire award amount with 7.5% interest and costs, within a period of six weeks from the date of receipt of copy of this award, less the amount already deposited, if any. On such deposit being made, the first respondent /claimant is permitted to withdraw the entire award amount by filing formal application before the Tribunal. https://www.mhc.tn.gov.in/judis

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.

THE BRANCH MANAGER RELIANCE GENERAL INSURANCE COMPANY LTD., NO.5A, P.L.A. KANAGU TOWERS, 1st FLOOR, 11th CROSS, THILLAI NAGAR, TRICHY Counsel for the Appellant 1.SURESH KUMAR 2.ANILKUMAR 3.ELILARASI Counsel for the Respondents JUDGE MEMBER MEMBER To: The Parties/Advocate concerned Copy To

1. The Motor Accident Claims Tribunal, Subordinate 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 SABARIMALA PA To The Hon'ble Judges https://www.mhc.tn.gov.in/judis