Lok Adalat settled a fatal motor accident claim dispute where the insurance company offered Rs. 5 lakhs against a tribunal award of Rs. 4.57 lakhs. The Civil Miscellaneous Appeal was disposed of based on the compromise.
Compromise settlement at Rs. 5,00,000 recorded; appeal dismissed; balance of award refunded to insurer.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI
Lok Adalat- I organised by the High Court Legal Services Committee
Tuesday, the 24th day of March 2015
LOK ADALAT AWARD
(Chapter VI and u/s 21 of Legal Services Authorities Act, 1987)
Presided over by
The Hon'ble Mr.JUSTICE P.THANGAVEL (Retd.) and
Members
1.Mr.V.C.Suresh 2.Ms.Narmadha Sampath C.M.A.No.547 of 2013 and M.P.No.1 of 2013
(Appeal filed under section 173 of Motor Vehicles Act, 1988 against the Judgment and decree passed on 28.03.2012 made in M.C.O.P.No.9 of 2010 on the file of the Motor Accident Claims Tribunal, Sub Court, Mettur)
Branch Manager,
M/s National Insurance Company Limited, Salem Main Road, Mettur Dam R.S.2,
Mettur Taluk, Salem District. .. Appellant/2nd Respondent Vs. 1.Mrs.Jaya Lakshmi 2.Mr.Vasanthakumar 3.Mrs.Bhuvaneswari ...Respondents 1 to 3/Petitioners 4.Mr.K.Subramaniam .. 4th Respondent/Ist Respondent (4th respondent is dispensed with)
This case came up for settlement before the Lok Adalat. The learned counsel for the appellant Mr.G.Udayasankar and the learned counsel for the respondents 1 to 3 Mr.R.Subramanian 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 appeal in C.M.A.No.547 of 2013 pending on the file of High Court, Madras and preferred against the award passed in M.C.O.P.No.9 of 2010 on the file of the Sub Court, Mettur has been referred to Lok Adalat for conciliation today.
Mr.G.Chandrasekaran & Mr.M.Umakanth respectively and assisted by counsel and the respondents 1 to 3 , who are the petitioners before the Tribunal and assisted by counsel are present before the Lok Adalat for conciliation today.
Sd/Branch Manager, M/s National Insurance Company Limited, Salem Main Road, Mettur Dam R.S.2, Sd/Mettur Taluk, Salem District. Counsel for the Appellant
Sd/1.Mrs.Jaya Lakshmi
Sd/2.Mr.Vasanthakumar
Sd/- Sd/3.Mrs.Bhuvaneswari Counsel for the Respondents 1 to 3
This Lok Adalat award is passed in terms of the above settlement.
https://hcservices.ecourts.gov.in/hcservices/ 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.
Sd/-
Sd/- Judge Sd/-
Member Member
Sd/-
Assistant Registrar
//True Copy//
Sub Assistant Registrar
To
The parties/Advocate concerned
Copy to
1.The Motor Accidents Claims Tribunal, Sub Court, Mettur.
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)
C.M.A.No.547 of 2013 and
M.P.No.1 of 2013
Vd(co)
pmk.5.5.2015
1 issue framed by the court
Whether a compromise settlement at Rs. 5 lakhs between the insurance company and accident claimants can settle the pending Civil Miscellaneous Appeal under section 173 of the Motor Vehicles Act, 1988.
2 provisions across 2 enactments
M/s National Insurance Company Limited
Mrs. Jaya Lakshmi
Mr. Vasanthakumar
Mrs. Bhuvaneswari
P. Thangavel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
