Madras High Court
The Branch Manager vs A.Reeta on 22 October, 2019
1 HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat-I organised by the High Court Legal Services Committee Thursday, the 30th day of September 2021 LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mr.JUSTICE S.MARIMUTHU, (Retd) and Member Mr.G.Dharmaraj CMA.SR.No.85350 of 2021 (Appeal against the judgment and decree dated 22.10.2019 made in M.C.O.P.No.67 of 2018 on the file of the Motor Accidents Claims Tribunal, Special District Court, Tiruvallur.) The Branch Manager, Reliance Gen.Ins.Co.Limited 6, Haddows Road, Nungambakkam, Chennai – 600 034. .. Appellant Vs.
1. A.Reeta
2. Mr.R.Baskar .. Respondents This case came up for settlement before this Lok Adalat. Ms.C.Bhuvanasundari, learned counsel for the appellant and Mr.V.Perumal, learned counsel for the first respondent are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:
http://www.judis.nic.in 2 TERMS OF SETTLEMENT This appeal is filed against the order of the Motor Claims Tribunal No.1 Thiruvallur in MCOP.No.67 of 2018 awarding a sum of Rs.20,97,440/-
with interest at 7.5% from the date of petition till the date of deposit.
2. The appellant is the second respondent in claim petition and the first respondent herein is claimant in the claims tribunal who is the mother of the deceased prasanth and the second respondent herein is the owner of the vehicle. Prasanth died in the motor accident on 08.04.2018, post mortem certificate has been marked as Ex.P2 which shows that the Prasanth died in the motor accident. The deceased prasanth was a graduate B.Sc Bio Technology employed in the Cater Piller, Melnalathur, Thiruvallur. Copy of the Convocation certificate has been marked Ex.P6.
The legal heir certificate has been marked Ex.P4 which shows that the claimant first respondent is only legal heir of the deceased.
3. We perused the entire documents as well as the original testimony of the claimant as PW-1 and the eye witness to the accident as PW-2. We are satisfied to hold that the Prasanth only died in motor accident and the vehicle has been insured with the second respondent, the appellant herein. The claimant first respondent is physically present with her advocates in the lower court as well as advocate appearing for her in http://www.judis.nic.in 3 the High Court.
4. Insurance Company is represented by their advocate viz,C.Bhuvanasundari, as well as the officer of the Insurance Company viz,, Saravabhavan. After oral negotiation, and discussion the dispute has been settled at Rs.18,00,000/- in full quit without interest payable by the Insurance Company to the claimant mother of the deceased. It is represented that a sum of Rs.25,000/- has been deposited in the High Court at the time of filing of the appeal.
5. Deducting the same, the balance amount of Rs.17,75,000/- shall b e deposited within a period of four weeks in the account of the Tribunal, viz., State Bank of India, Thiruvallur Branch, A/c No.36048671977, IFSC code No.SBIN0000937. The claimant first respondent can withdraw the settled amount from the State Bank whenever necessity arises.
The Branch Manager, Reliance Gen.Ins.Co.Limited 6, Haddows Road, Nungambakkam, Chennai – 600 034. Counsel for Appellant A.Reeta Counsel for the 1st respondent http://www.judis.nic.in 4 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 To:The parties/Advocate concerned Copy to:
1.The Motor Accidents Claims Tribunal, Special District Court, Tiruvallur.
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 S.MARIMUTHU,, J. (Retd) adl CMA.SR.No.85350 of 2021 30.09.2021 http://www.judis.nic.in 6 http://www.judis.nic.in