Madras High Court
The New India Assurance Company Limited vs Https://Www.Mhc.Tn.Gov.In/Judis
1 HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th day of September 2024.
LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE K.GNANAPRAKASAM (Retd.) and Members Mr.S.Baskaran District Judge (Retd.) Ms.Jemmy Vasanth Advocate C.M.A.No.631 of 2022 and C.M.P.No.4497 of 2022 (Appeal against the judgment and decree passed on 26.08.2021 made in M.C.O.P.No.1233 of 2018 on the file of the Motor Accident Claims Tribunal Sub Court, Kangayam.
The New India Assurance Company Limited, 5B, 1st Floor, Near Canara Bank, Rajaji Street, Kangayam.
.. Appellant Vs. https://www.mhc.tn.gov.in/judis 2
1. S.Rangasamy
2. R.Sivaranjani
3. M.Ramadass (Remained ex parte before the tribunal) .. Respondents This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the appellant Ms.Salomi and the learned counsel for the respondents Mr.R.Sujith Chandar for Mr.Eswaran are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:
TERMS OF SETTLEMENT Both the parties and their respective counsel are present.
2. The Tribunal has awarded a sum of Rs.31,91,000/- (Rupees Thirty One Lakhs and Ninety One Thousand only ) with interest at 7.5% p.a. from the date of filing of the claim petition till the date of deposit. Aggrieved by the award, the appellant/Insurance Company has preferred the present appeal.
3. After due deliberation and consultation, both the parties agreed to settle the matter. Now, the matter has been settled and the claimants/respondents have agreed to receive a sum of Rs.31,00,000/- (Rupees Thirty One Lakhs only) in full quit, which is also acceptable by the Appellant/Insurance Company.
https://www.mhc.tn.gov.in/judis 3
3. The Insurance Company is directed to deposit the amount of Rs.31,00,000/- (Rupees Thirty One Lakhs only), within a period of eight weeks from the date of receipt of a copy of this order.
4. The Tribunal is directed to issue the award amount through NEFT/RTGS to the party concerned on proper identification in accordance with the terms of the award, without insisting on any formal permission petition.
5. The claimants/respondents are permitted to withdraw the Award amount as per the apportionment awarded by the Tribunal, after deducting the amount already withdrawn by the claimants/respondents, if any. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, the connected Miscelleneous Petition, if any, is closed.
The New India Assurance Company Limited, 5B, 1st Floor, Near Canara Bank, Rajaji Street, Kangayam. Counsel for the Appellant
1. S.Rangasamy
2. R.Sivaranjani Counsel for the Respondents https://www.mhc.tn.gov.in/judis 4 This National Lok Adalat award is passed in terms of the above settlement.
The Court fee paid shall be refunded to the parties in the manner provided under 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. The Motor Accident Claims Tribunal, The Sub Court, Kangayam,
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.
https://www.mhc.tn.gov.in/judis 5 K.GNANAPRAKASAM (Retd.) ham C.M.A.No.631 of 2022 and C.M.P.No.4497 of 2022 https://www.mhc.tn.gov.in/judis 14.09.2024