United India Insusrance Company Ltd., v. Kalichamy
HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 12th day of August 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Honourable Mr Justice K.K. RAMAKRISHNAN and Members Mr.S.Udhayan, District Judge (Retired), Mr.P.Ganapathi Subramanian, Advocate. CMA(MD) No.157 of 2023 (Appeal against the judgment and decree passed on 16/03/2022 in MCOP.349/2017 on the file of the Principal Sub Court Tenkasi) United India Insurance Company Ltd., Represented by its The Branch Manger, having office at Door No. 10, 1st Floor, BSNL CSC Building, Oorkadu Road, Ambasamudram Taluk, Tirunelveli District. ... Appellant
Versus
1.Kalichamy S/o. Pitchaiya, Door No. 1/11, North Street, Karuvantha Village, Veerakeralampudur Taluk, Tirunelveli District.
2.Samuthira Nadar, S/o. Kanagamani, South Street, Reddiyarpatti Village, V.K. Pudur, Tirunelveli District.
3.Manoharan, S/o. Madasamy, Door No. 5/147, Venkateswarapuram Main Road, Tirunelveli District.
No relief claimed against the Respondents 2 and 3 hence notice may be dispensed with.
...Respondents
This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant Mr.G.Prabhu Rajadurai and the counsel for the first respondent Mr.L.Siva, 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.
Now, both the parties appeared and the claimant agreed to receive the award amount in the following terms:- The appellant/Insurance Company is agreed to pay a sum of Rs.5,50,000/- (Rupees Five Lakhs and Fifty Thousand only) in full quit and also undertakes to deposit the remaining amount within a period of four weeks from today.
The appellant/Insurance Company agreed for the said terms. On such deposit, the first respondent/claimant is entitled to withdraw the award amount of Rs.5,50,000/- (Rupees Five Lakhs and Fifty Thousand only) in full quit on filing necessary application before the Tribunal. The remaining portion of award remains intact.
United India Insurance Company Ltd., Counsel for the Appellant Kalichamy S/o. Pitchaiya, Door NO. 1/11, North Street, Karuvantha Village, Veerakeralampudur Taluk, Tirunelveli District.
Counsel for the first Respondent 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 Principal Sub Court Tenkasi.
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 D.Sivakamasundari PA To The Hon'ble Judges