A National Lok Adalat disposed of a Civil Miscellaneous Appeal against a Motor Accident Claims Tribunal award. The appellant, having agreed to satisfy the award, was directed to deposit the amount with interest for payment to the claimant.
Appeal allowed; appellant directed to deposit award amount with interest and costs to claimant via RTGS.
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.
1
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 14th September 2019 NATIONAL LOK ADALAT AWARD
(Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by
The Hon'ble Mr.JUSTICE G.K.ILANTHIRAIYAN and
Members
Mr.P.Subburaj, District Judge (retd.) Dr.M.Devendran
C.M.A.NO. 1512 OF 2007
and M.P.No.2 of 2007
(Appeal against the judgment and decree passed on 05.04.2006
made in MCOP.No.1370 of 2003 on the file of the Motor Accident claims
Tribunal, Sub Court, Krishnagiri).
The Oriental Insurance Co. Ltd
CB O.I. LML Building 221
Cubbonpet Main Road
Bangalore -2. .. Appellant
/versus/
1Settu
2.Shuba
3.Paul Pandian
4.The New India Assurance Co. Ltd
SNV Chambers III Floor,
Gandhi Puram, Coimbatore. .. Respondents
(R2 & R3 were set exparte before the Tribunal)
This case is taken up for settlement before this Lok Adalat. The appellant is represented by Mr.S.Arun Kumar, learned counsel, who is present today.
JUDGMENT
This appeal is preferred by the appellant insurance company as against the award dated 05.04.2006 passed by the Motor Accident claims Tribunal, Sub Court, Krishnagiri in MCOP.No.1370 of 2003.
2.The learned counsel for the appellant submitted that the appellant http://www.judis.nic.in insurance company agreed to satisfy the award passed by the Tribunal. In view
2
of the same, the award of the Tribunal at Rs.2,75,000/- (Rupees Two Lakhs and Seventy Five Thousand Only) with interest at the rate of 9% per annum from the date of filing of claim petition, is hereby confirmed.
3.Hence, the appellant insurance company is directed to deposit the entire award amount with interest and costs, after deducting the amount if any already deposited, within a period of six weeks from the date of receipt of a copy of this judgement. On such deposit being made, the Tribunal is directed to transfer the same to the first respondent/claimant, on proper identification through RTGS in accordance with the terms of the award, without insisting on any formal permission petition.
4.Accordingly, the Civil Miscellaneous Appeal is disposed of. Consequently, connected Miscellaneous Petition is closed.
The Oriental Insurance Co. Ltd CB O.I. LML Building 221 Cubbonpet Main Road Bangalore -2. Counsel for the Appellant
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.
Member Member
To:The parties/Advocate concerned Copy to:
3
G.K.ILANTHIRAIYAN, J.
rk
C.M.A.NO.1512 OF 2007
Dated : 14.09.2019
1 issue framed by the court
Whether the appeal against the Motor Accident Claims Tribunal award should be allowed in view of the appellant's agreement to satisfy the award.
The Oriental Insurance Co. Ltd
Settu
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
