Allowed

The Oriental Insurance Co., Ltd., Chennai v. Jalka Beevi

Madras HC15 Apr 2019CMA/1423/2017

Case brief

AI extract

What is this about?

A Lok Adalat disposed of a civil miscellaneous appeal against a Motor Accidents Claims Tribunal award. Parties settled terms allowing the insurer to withdraw Rs. 1.5 Lakhs and claimants to withdraw the balance from the deposited sum. The appeal was dismissed, the connected petition closed, and the tribunal directed to issue cheques without further permission.

What did the court decide?

Appeal disposed; connected petition closed; Tribunal directed to issue cheques to parties per settlement without formal permission; Court fees to be refunded to appellant.

The Oriental Insurance Co., Ltd., Chennai Vs Jalka Beevi — Motor Accident Claims | Madras HC (2019)

¶1

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI

¶2

MEGA LOK ADALAT ORGANISED BY THE HIGH COURT LEGAL SERVICES COMMITTEE

¶3

MONDAY, THE 15^TH DAY OF APRIL, 2019

¶4

LOK ADALAT AWARD

¶5

(Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by

¶6

The Hon'ble Mr.JUSTICE A.RAMAMURTHI(Retd.)
and
Members
1.Mr.M.Ramachandran
2.Mr.T.Kalaimani
C.M.A.No.1423 of 2017
(Appeal against the judgment and decree passed on 24.08.2016
in M.C.O.P.No.1506 of 2013 on the file of the Motor Accidents
Claims Tribunal, III Court of Small Causes, Chennai.)
Oriental Insurance Company Limited,
No.115, Broadway,
Chennai – 600 108. .. Appellant/2 nd Respondent
Vs.
1.Jalka Beevi
2.Sahith Basha
3.Abdul Rehman
4.Jaleel Basha
5.Sakil Banu
6.Mubaak Basha .. Respondents 1 to 6/Petitioners
7.T.Dhayanithi
(7 th Respondent remained
Set exparte before the Tribunal)
.. 7 th Respondent/1 st Respondent
Prayer:-

¶7

Pursuant to the notice issued by this Forum, both parties are present today. On appearance of both parties, this case is taken up for settlement before the Lok Adalat. The learned counsel for the Appellant Mr.S.Manohar, learned counsel for the Respondents Mr.V.Velu and Mrs.Latha and Mr.S.Balakrishnan, Manager for the Oriental Insurance Company Limited are present.

¶8

https://hcservices.ecourts.gov.in/hcservices/

¶9

After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

¶10

TERMS OF SETTLEMENT

¶11

Both parties present. Appellant / Insurance Company has preferred the present appeal. Aggrieved against the award of Rs.10,14,000/- (Rupees Ten Lakhs Fourteen Thousand only) with 7.5% interest from the date of petition till the date of deposit. The Insurance Company has already deposited the entire amount.

¶12

Now, both the parties agreed out of the deposited amount with interest. The Insurance company is entitled to withdraw a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand only) with proportionate interest. The balance amount including interest shall be withdrawn as follows:- The 1^st Respondent is entitled to withdraw 50% of the amount and the remaining 50% shall be withdrawn by other claimants in equal shares.

¶13

The Tribunal is directed to issue the cheque to the party concerned on proper identification in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, connected Miscellaneous Petition is closed, if any.

¶14

Sd/-

¶15

Oriental Insurance Company Limited, No.115, Broadway, Sd/Chennai – 600 108. Counsel for the Appellant

¶16

Sd/1.Jalka Beevi

¶17

Sd/2.Sahith Basha

¶18

Sd/3.Abdul Rehman Sd/4.Jaleel Basha Sd/5.Sakil Banu

¶19

https://hcservices.ecourts.gov.in/hcservices/

¶20

Sd/Sd/6.Mubaak Basha Counsel for the Respondents

¶21

This Lok Adalat award is passed in terms of the above settlement.

¶22

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.

¶23

Sd/-
Judge
Sd/- Sd/-
Member Member
Sd/-
Assistant Registrar(L.A)
//True Copy//
Sub Assistant Registrar
To:The parties concerned
Copy to:
1. The Motor Accidents Claims Tribunal,
III Court of Small Causes, Chennai.
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.1423 of 2017
SJ(CO)
CS/15/07/2019

¶24

https://hcservices.ecourts.gov.in/hcservices/

The Oriental Insurance Co., Ltd., Chennai v. Jalka Beevi

Case brief

What is this about?

What did the court decide?

The Oriental Insurance Co., Ltd., Chennai v. Jalka Beevi

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

Parties & counsel

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