Madras High Court
Accidents Claims Tribunal (Chief Judge vs S. Devi
1 HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th July 2019 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Honourable Mr.JUSTICE MALAISUBRAMANIAN (Retd.) and Members:
Mr.K. Paramaraj Mr.N. Dhanasekaran C.M.A. No.1481 of 2018 and CMP No.11769 of 2018 (Appeal against the Judgment and decree passed on 17.06.2017, in M.C. O.P.No.594 of 2010 on the file of the Motor Accidents Claims Tribunal (Chief Judge, Small Cause Court), Chennai.
M/s. Reliance General Insurance Company Limited No.6, Haddows Road 6th Floor, Chennai ...Appellant Vs
1. S. Devi
2. M. Patturoja
3. P. Marimuthu
4. M. Bhuvaneshwari ...Respondents 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 is present and Mr.N. Shanmugasundaram, learned counsel for the respondents are present. After mutual discussion, negotiation, mediation and conciliation between both http://www.judis.nic.in parties, they arrived at a compromise to settle the matter as follows:
2TERMS OF SETTLEMENT The Tribunal has awarded a sum of Rs.15,78,000/- with interest at the rate of 7.5% per annum from the date of petition till the date of deposit and costs as compensation, for the death of the first respondent's husband herein. Challenging the said award, the appellant/Insurance Company has preferred the present appeal.
2.Both the parties are present before us. After due deliberation and consultation, both the parties have agreed to settle the claim for a sum of Rs.20,89,000/- (Rupees Twenty lakhs eighty nine thousands only) in full quit and the same is awarded.
3. It represented by the appellant that the entire award amount has been desposited. It is agreed by both sides that out of the deposited amount, the respondents herein shall withdraw a sum of Rs.20,89,000/-. The balance amount along with its acrued interst shall be withdrawn by the appellant/Insurance company.
4. The respondents herein are permitted to withdraw the award amount as per the details given below without filing any formal petition. The Award is passed accordingly.
http://www.judis.nic.in 3 First respondent Rs.6,00,000/- Second respondent Rs.7,00,000/- Third respondent Rs.7,00,000/-
Fourth respondent Rs.89,000/-
5.The Tribunal is directed to issue the amount to the respondents herein to their bank account through RTGS / NEFT mode to the party 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.
Consequently, connected miscellaneous petition is closed.
M/s. Reliance General Insurance Company Limited No.6, Haddows Road 6th Floor, Chennai Counsel for the Appellant
1. S. Devi
2. M. Patturoja
3. P. Marimuthu
4. M. Bhuvaneshwari Counsel for the respondents This National Lok Adalat award is passed in terms of the above settlement.
http://www.judis.nic.in 4 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
To:The parties/Advocate concerned Copy to:
1. Motor Accidents Claims Tribunal (Chief Judge, Small Cause Court), Chennai.
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 http://www.judis.nic.in 5 Mr.JUSTICE MALAISUBRAMANIAN (Retd.) bga C.M.A. No.1481 of 2018 13.07.2019 http://www.judis.nic.in