A National Lok Adalat passed an award modifying the apportionment of liability in a motor accident claim between the Transport Corporation and the Insurance Company based on a settlement.
The Civil Revision Petition was disposed of based on the settlement terms where the insurance company agreed to pay 55% compensation.
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.
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HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI
National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 13th day of July, 2019
LOK ADALAT AWARD
(Chapter VI and u/s 21 of Legal Services Authorities Act, 1987)
Presided over by
The Hon'ble Mr.JUSTICE R.SUBRAMANIAN
and
Members
Mr.A.Manivasakan, District Judge (Retd.) Mr.Tranquebar Dorai Vasu
C.M.A.No. 1351 of 2015
(This Civil Miscellaneous Appeal is filed under Section 173 of the M.V.Act, 1988 against the judgement and decree of the dated 24.11.2012 made in M.C.O.P.No. 272 of 2008 on the file of the Motor Accident Claims Tribunal, Chief Judicial Magistrate, Salem)
The Managing Director,
Tamil Nadu State Transport
Corporation Limited,
No.12, Ramakrishna Road,
Salem - 7.
... 3rd respondent/appellant
Vs.
1.Sirangamma @ Seerangammal
2.N.Siva Bakkiam
3.National Insurance Company Limited,
Office at L.R.N. Complex,
Saradha College Road, Salem - 7.
4.Union of India,
rep. by its Secretary to Government of India,
New Delhi.
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..Respondents/Respondents
This case came up for settlement before the National Lok Adalat. Both the parties are present. Mr.D.Venkatachalam, learned counsel appearing for the appellants and Mr.J.Chandran, learned counsel appearing for the 3rd respondent.
TERMS OF SETTLEMENT
This Civil Revision Petition is directed against the common award of MACT, Salem dated 24.11.2012. The only question in dispute is the apportionment of liability between the Insurance Company and the Transport Corporation. The Tribunal had apportioned the liability at 50%, each.
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Judge
Member Member
The Managing Director,
Tamil Nadu State Transport
Corporation Limited,
No.12, Ramakrishna Road,
Salem - 7.
Counsel for the Appellant
Vs.
National Insurance Company Limited(3rd respondent), Office at L.R.N. Complex, Saradha College Road, Salem - 7.
Counsel for the 3rd respondent
To:The parties/Advocate concerned Copy to: 1.The Motor Accident Claims Tribunal, Chief Judicial Magistrate, Salem. 2.National Insurance Company Limited, Office at L.R.N. Complex, Saradha College Road, Salem - 7. 3.The Secretary, High Court Legal Services Committee, Chennai. 4.The Section Officer, V.R.Section, High Court, Madras. 5.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies kkn
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R.SUBRAMANIAN, J.
kkn
C.M.A.No.1351 of 2015
13.07.2019
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C.M.A.No. 1351 of 2015
This 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 Section 1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994.
The Managing Director, Tamil Nadu State Transport Corporation Limited
Sirangamma @ Seerangammal
N.Siva Bakkiam
National Insurance Company Limited
Union of India
Secretary to Transport Department, Government of Tamil Nadu
R.Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
