Madras High Court
The Regional Manager vs Sekar
CMA.SR.No.31294 of 2024
HIGH COURT LEGAL SERVICES COMMITTEE, HIGH COURT
MADRAS
National Lok Adalat organised by the High Court Legal Services
Committee
Saturday, the 9th day of March, 2024
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.RAJASEKAR
and
Members
Mr.M.Pughazhendi (District Judge, Retd.)
Mr.K.V.Muthu Visakan (Advocate)
C.M.A.SR.No.31294 of 2024
(Civil Miscellaneous Appeal is filed against the Judgment and
Decree dated 29.09.2023 passed in MCOP.No.564 of 2019 on the file
of the Motor Accident Claims Tribunal, Special Subordinate Court
No.2, Villupuram)
Between
The Regional Manager,
M/s.Future Generali India Insurance Co., Ltd.,
(Third Party Claims),
No.47 & 49, Bazullah Road,
9th Floor, T.Nagar,
Chennai-600 017.
.. Appellant
Vs.
1.Sekar
2.M/s.Sell More Logistics,
No.4, 5th Street, Sarathy Nagar,
Velacherry, Chennai.
... Respondents
(2nd Respondent set ex parte
before the Tribunal).
This case came up for settlement before the National Lok
Adalat. Both the parties are present. M.B.Raghavan, the learned
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CMA.SR.No.31294 of 2024
counsel for the Appellant and Mr.K.Kishore, learned counsel for the
Respondents 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
The Appellant/Future Generali India Insurance Company
Ltd., is represented by its counsel Mr.M.B.Raghavan and Mr.K.Kishore
Babu, learned counsel for the 1st Respondent are present before the
National Lok Adalat today for conciliation.
2. This is a case of motor accident, wherein the first
respondent sustained grievous injuries. The Tribunal has passed an
award amount of Rs.20,36,400/- (Rupees Twenty Lakhs Thirty Six
Thousand Four Hundred only) with interest at the rate of 7.5% per
annum from the date of claim petition till the date of deposit of award
amount.
3. This unnumbered Civil Miscellaneous Appeal is posted
today (09.03.2024) before the National Lok Adalat based on the
request made by Mr.M.B.Raghavan, learned counsel for the Appellant
by letter dated 07.03.2024.
4.After great deliberation and discussion, both parties have
compromised for a sum of Rs.25,50,000/- (Rupees Twenty Five Lakhs
and Fifty Thousand only) in full quit (inclusive of interest) from the
date of claim petition till the date of deposit of award amount.
5.The Appellant /Future Generali India Insurance Co., Ltd.,
has agreed to deposit the compromised amount directly in the
Account of claimant i.e., Mr.P.Sekar, Claimant's Account bearing
A/c.No.1231155000275759, IFSC No.KVBL0001231, Karur Vysya
Bank Limited, Tindivanam Branch within a period of six weeks from
the date of receipt of a copy of this Award. The claimant also
produced his Account details before this Court.
6.In view of the compromise arrived at between both the
parties, the National Lok Adalat hereby declare and decree that the
Appellant/Future Generali India Insurance Co., Ltd., Chennai shall
deposit a sum of Rs.25,50,000/- (Rupees Twenty Five Lakhs and Fifty
Thousand only) in full quit (inclusive of interest) from the date of
claim petition till the date of deposit of award amount within a period
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CMA.SR.No.31294 of 2024
of six weeks from the date of receipt of a copy of this award to the
credit of Mr.P.Sekar, Claimant's Account bearing
A/c.No.1231155000275759, IFSC No.KVBL0001231, Karur Vysya
Bank Limited, Tindivanam Branch.
7. On such deposit, the Claimant is permitted to withdraw
the sum of Rs.25,50,000/- (Rupees Twenty Five Lakhs and Fifty
Thousand only) in full quit (inclusive of interest) without filing any
formal petition, before the competent Court. The Award is passed in
terms of the above settlement.
8. The Appeal is ordered accordingly.
The Regional Manager,
M/s.Future Generali India Insurance Co., Ltd.,
(Third Party Claims),
No.47 & 49, Bazullah Road,
9th Floor, T.Nagar,
Chennai-600 017.
Counsel for the Appellant
1.Sekar
2.M/s.Sell More Logistics,
No.4, 5th Street, Sarathy Nagar,
Velacherry, Chennai.
Counsel for the 1st Respondent
This Lok Adalat award is passed in terms of the above
settlement.
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CMA.SR.No.31294 of 2024
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, Special Subordinate Court
No.2, Villupuram.
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.
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CMA.SR.No.31294 of 2024
K.RAJASEKAR, J.
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