The Branch Manager v. K.Vijaya

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 8th day of March 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 or Legal Services Authorities Act, 1987) Presided Over by The Honourable Mr.Justice M.JOTHIRAMAN and Members S.Udhayan,District Judge(Retired) , C.Jeya Indira Patel, Advocate CMA(MD) No.234 of 2025 (Appeal against the judgment and decree passed on 26/12/2022 in EC.43/2019 on the file of the COMMISSIONER for Employees Compensation Tribunal, DINDIGUL.) The Branch Manager New India Assurance Company Limited, 128A, Thiruvika Road, Villupuram 605 602.

...Appellant

Versus

1. K.Vijaya W/o. Late. Kamaraj, Residing at 48A, Kallettu Theru, Pillur Colony Post, Villupuram 605 103.

Now residing at RM Colony, Dindigul Taluk and District

2. K.Gowthami D/o. Late. Kamaraj, Residing at 48A, Kallettu Theru, Pillur Colony Post, Villupuram 605 103.

Now residing at RM Colony, Dindigul Taluk and District K.Putlayee (Died) K. Putlayee (Died)

3. S.Duraisamy S/o. Chellamuthu, 367/30, Govindaraja Peruma Theru, Villupuram 605 602.

...Respondents

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant Mr.V.Sakthivel and the counsel for the respondents Mr.Theethar 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.

After due delibrations, both the parties have agreed into compromise and agreed to modify the amount to a sum of Rs.10,00,000/-(Rupees Ten Lakhs Only) towards full quit. The appellant has already deposited a sum of Rs.13,76,587/-. (Rupees Thousand Only) before the Tribunal. The claimants are entitled to withdraw the amount of Rs.10,00,000/-(Rupees Ten Lakhs Only), by filing formal application before the Court below. The excess payment made by the Insurance Company, shall be refunded to the Insurance company along with accrued interest.

The Branch Manager New India Assurance Company Limited, 128A, Thiruvika Road, Villupuram 605 602.

Counsel for the Appellant

1. K.Vijaya W/o. Late. Kamaraj

2. K.Gowthami D/o. Late. Kamaraj

3. S.Duraisamy 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. THE COMMISSIONER FOR EMPLOYEES COMPENSATION TRIBUNAL, 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. Typed By SURULIAMMAL PA To The Hon'ble Judges