Madras High Court
I Additional Sub Judge vs Raja (Died) on 23 July, 2012
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HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI
National Lok Adalat organised by the High Court Legal Services Committee
Saturday, the 13th day of August, 2022
NATIONAL LOK ADALAT AWARD
(Chapter VI and u/s 21 of Legal Services Authorities Act, 1987)
Presided over by
The Hon'ble Mr.JUSTICE K.KUMARESH BABU
and
Members
1.S.Boothanathan (District Judge, Retd.)
2.V.Perarasu (Advocate)
CMA.Sr. No.12818 of 2013
Appeal against the Judgment and decree dated 23.07.2012 passed in
M.C.O.P.No.1201 of 2007 on the file of the Motor Accidents Claims Tribunal/
I Additional Sub Judge, Cuddalore.
M/s.IFFCO TOKIO General Insurance Co.Ltd.,
Sahas Embassy, Nelson Manickam Road,
Metha Nagar, Chennai-29. ... Appellant
Vs.
1. Raja (died)
2. K.Raja
3. Vijaya
4.Ramesh Babu
5. Sumathy
6. Rajan ...Respondents
( Respondents 3 to 6 brought on record as LR's of the
deceased R1 Raja vide Lokadalat Order dated 13.08.2022 made
in CMA.Sr.No.12818 of 2013)
This case is taken up for settlement before the National Lok Adalat. Both the
parties are present. Mr.M.B.Raghavan, learned counsel for appellant and
Mrs,G.Baby, Legal Executiveof the Appellant/Insurance Company and
Mrs.Ramya V. Rao, learned counsel for respondents are present. After mutual
discussion, negotiation, mediation and conciliation between both parties, they
arrived at a compromise to settle the matter as follows:
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TERMS OF SETTLEMENT
The Tribunal has awarded a sum of Rs.1,11,940/- with interest at
7.5% per annum from the date of petition till the date of deposit and costs as
compensation.
2. The above Civil Miscellaneous Appeal has been preferred by the
Insurance Company against the award of Rs.1,11,940/- together with
interest at the rate of 7.5% in favour of the first respondent herein. It is
brought to our notice that the first respondent is no more and has been
represented by his wife Tmt.Vijaya and children namely Ramesh Babu,
Sumathy and Rajan. One of the sons is the second respondent/5th
respondent in the above appeal. Both the sons have filed seperate affidavits
stating that the amout that has to be arrived, shall be paid to their mother
Vijaya, wife of the deceased/first respondent. The daughter Sumathi who is
present before this Court has also stated that she has no objection in paying
the entire agreed amount to be agreed to her mother. The above said
affidavits shall be part and parcel of the decree. It is now agreed between
the parties that the dispute to be settled at a sum of Rs.80,000/- together
with interest along with cost. The Insurance Company has agreed to deposit
the amount within a period of four weeks from the date of receipt of this
Order. On such deposit, Vijaya/wife of the deceased Raja is hereby permitted
to withdraw the entire award amount without formal petition.
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3. The Tribunal is directed to transfer the amount through RTGS/NEFT
to the parties concerned on proper identification in accordance with the terms
of the award, without insisting on any formal permission petition. The Civil
Miscellaneous Appeal is disposed of accordingly.
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 Tamil Nadu 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.
Judge
Member Member
M/s.IFFCO TOKIO General Insurance Co.Ltd., Counsel for the Appellants
1. Vijaya
2. Sumathy Counsel for the Respondents
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To:
The parties/Advocate concerned
Copy to:
1.The Motor Accidents Claims Tribunal,
I Additional Sub Judge, Cuddalore
2.The Secretary, High Court Legal Services Committee, Chennai.
3.The Section Officer, V.R.Section, High Court, Madras.
4.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies
Vv
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K.KUMARESH BABU, J.
Vv CMA.Sr. No.38791 of 2021 13.08.2022 https://www.mhc.tn.gov.in/judis