National Lok Adalat settled a Motor Accident Claims Appeal. The Insurance Company agreed to deposit an additional compensation of Rs. 2,25,000/- with interest to the claimant within six weeks, modifying the earlier Tribunal award.
Insurance company directed to deposit Rs. 2,25,000/- with interest and transfer the full modified amount to appellant.
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
NATIONAL LOK ADALAT
Organised by the High Court Legal Services Committee Saturday, the 09th day of March, 2019 LOK ADALAT AWARD
(Chapter VI and u/s 21 of Legal Services Authorities Act, 1987)
Presided by
THE HON'BLE Mr. JUSTICE M.NIRMAL KUMAR
and
Members:
Mr.Sankaranarayanan Pillai.T Mr.Tanquebar Dorai Vasu
C.M.A.No.1607 of 2009
(The Appeal is not listed today, however, with the consent of the parties, it is taken up for settlement. The Appeal is filed against the judgment and decree dated 20.01.2009 passed in MACT.O.P.No.5221 of 2004 on the file of the Chief Small Causes Court (Motor Accidents Claims Tribunal), Chennai).
S.Kasthuri ...Appellant
Vs.
1.G.Panner Selvam (remained exparte)
2.United India Insurance Co. Ltd., No.38, Anna Salai, Chennai – 600 002. ...Respondents
This case is taken up for settlement before the Lok Adalat. Both the parties are present. The learned counsel for the appellant Mr.R.Kalai Arasan is present. The learned counsel for the 2nd respondent Mr.S.Arunkumar is present and officials of Insurance company are also present. After mutual discussion, negotiation, http://www.judis.nic.in mediation and conciliation between both parties, they arrived at a
2
compromise to settle the matter as follows:
TERMS OF SETTLEMENT
The Tribunal has awarded a sum of Rs.2,70,000/- with interest at 9% p.a. from the date of numbering the claim petition i.e., 20.12.2004 till the date of deposit as compensation.
preferred the present appeal. The amount awarded by the Tribunal has already been deposited by the Insurance Company and the same has been withdrawn by the appellant.
Rs.2,25,000/- (Rupees Two lakh and Twenty five thousand only) with
interest, from the date of numbering the claim petition i.e., 20.12.2004, within a period of six weeks from the date of receipt of a
copy of this award, to the credit of MACT.O.P.No.5221 of 2004 before http://www.judis.nic.in the concerned Tribunal. Award is modified accordingly.
3
award amount to the individual bank account of the appellant by way of NEFT/RTGS, on proper identification, in accordance with the terms of the award, without insisting on any formal permission petition.
4
M.NIRMAL KUMAR.J,
klt
under sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in
1994.
Judge
Member Member
To
The parties/Counsel concerned
Copy to
C.M.A.No.1607 of 2009
09.03.2019
1 issue framed by the court
Whether the Civil Miscellaneous Appeal can be settled through Lok Adalat before the High Court.
1 provisions across 1 enactments
S. Kasthuri
1.G. Panner Selvam
United India Insurance Co. Ltd.
M.Nirmal Kumar
Sankaranarayanan Pillai.T
Tanquebar Dorai Vasu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
