Madras High CourtCMA(MD)/677/2024settled before the lokadalats

M/S.United India Insurance Company v. Karthiga

2025-06-14Honourable Mr Justice K.K. Ramakrishnan3 pages

HIGH COURT LEGAL SERVICES COMMITTEE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023 Saturday the 14th day of June 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided Over by The Honourable Mr Justice K.K. RAMAKRISHNAN and Members Mr.A.Subramanian, District Judge (Rtd), Mr.S.Suresh Kumar Isaac Paul, Advocate CMA(MD) No.677 of 2024 (Appeal against the judgment and decree passed on 11/04/2023 in MCOP.23/2019 on the file of the SUB JUDGE,ARUPUKKOTTAI) M/s.United India Insurance Company Through its Branch Manager, Having its Office, at Door No.24, Whites Road, Chennai, Chennai District.

..Appellant

Versus

1. Karthiga W/o.Late.Manimaran, Door No.47/1, Rettaipeeda Mariamman Koil Street, Chokkalingapuram, Aruppukottai taluk, Viudhunagar District.

2. Vithiyashree D/o.late. Manimaran, D.No.47/1, Rettaipeeda Mariamman Koil Street, Chokkalingapuram, Aruppukkottai Taluk, Virudhunagar District.

Rajeswari(Died) W/o.Natarajan, old Door NO.11/2, New Door No.16, V.O.C.Nagar, 2nd Street, Anna Nagar East, Chennai, Chennai District.

3. Natarajan, S/o.Kariveeran, old Door NO.11/2, New Door No.16, V.O.C.Nagar, 2nd Street, Anna Nagar East, Chennai, Chennai District.

4. Padmini W/o.Perumal, D.No.74, 3rd Street, D.S.P. Nagar, Byepass Road, Madurai, Madurai District. (petition is amended as per order in I.A.No.1/22 dated 29.07.2022)

...Respondents

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s Mr.C.Jawahar Ravindran and the learned Counsel for the respondents Mr.K.Appadurai - R1 to R3 are present. 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 The appellant/Insurance Company has filed the above appeal challenging the award passed by the Tribunal. Now, the parties have arrived at a settlement for a sum of Rs. 95,23,000/- (Rupees Ninety Five Lakhs and Twenty Three Thousand only) with interest at the rate of 7.5% per annum, from the date of petition in MCOP.No.23 of 2019 on the file of the Sub Judge, Arupukottai. The same is recorded.

2. The appellant/Insurance Company is directed to deposit the said amount within a period of six weeks from today, less the amount already deposited, if any.

3. From the award amount, the first respondent is entitled to withdraw a sum of Rs.59,23,000/- (Rupees Fifty Nine Lakhs and Twenty Three Thousand Only) with proportionate interest and the second respondent is entitled to withdraw a sum of Rs.27,00,000/- (Rupees Twenty Seven Lakhs Only) with proportionate interest and the third respondent is entitled to withdraw a sum of Rs.9,00,000/- (Rupees Nine Lakhs Only) with proportionate interest. The respondents are permitted to withdraw their entire share amount by filing appropriate application before the Tribunal. Consequently, connected miscellaneous petition is closed.

M/s.United India Insurance Company Through its Branch Manager, Having its Office, at Door No.24, Whites Road, Chennai, Chennai District. Counsel for the Appellant

1. Karthiga W/o.Late.Manimaran,

2. Vithiyashree D/o.late. Manimaran, Rajeswari(Died) W/o.Natarajan,

3. Natarajan, S/o.Kariveeran, Counsel for the Respondent Nos.1 to 3 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. 2/3

The Original of the award shall be placed 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 conditions and accordingly, the award is passed.

JUDGE MEMBER MEMBER To: The Parties/Advocate concerned Copy To

1. THE SUB JUDGE,ARUPUKKOTTAI.

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 DSS/GVN PA To The Hon'ble Judges 3/3