Allowed

The Divisional Manager, v. Anbalagan,S/O.Subramanian

Madras HC4 Dec 2019CMA/167/2016

Case brief

AI extract

What is this about?

The National Lok Adalat disposed of Civil Miscellaneous Appeal C.M.A. No.167 of 2016 arising from a Motor Accidents Claims Tribunal award. The parties settled allowing the insurer to withdraw Rs.1,80,000 as full quit from the deposited sum of Rs.7,52,000, permitting the claimant the remaining balance.

What did the court decide?

Appellant permitted to withdraw consolidated sum of Rs.1,80,000 in full quit; remainder payable to claimant; court fees refunded.

The Divisional Manager, Vs Anbalagan,S/O.Subramanian — Motor Accident Claims | Madras HC (2019)

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HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organized by the High Court Legal Services Committee Saturday, the 14th December, 2019

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NATIONAL LOK ADALAT AWARD

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

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Presided over by

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The Honourable Mr.JUSTICE P.RAJAMANICKAM

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and
Members :
Mr.G.Dhanaraj
Mr.V. Shanmugasundaram
C.M.A.No.167 of 2016
(Appeal against the Judgment and decree passed on 17.08.2015 in
M.C.O.P.No.675 of 2013 on the file of the Motor Accidents Claims Tribunal, (II
Additional Subordinate Judge), Cuddalore.
The Divisional Manager
National Insurance Co.,Ltd.,
Divisional Office,
110, JN Street
Puducherry 605 001. ... Appellant /2 nd Respondent
Vs.
1.Anbalagan
2.Thillai Agro Centre,
No.3, Senguntha Street,
Madukarai, Motchakulam Post,
Puducherry. ...Respondents

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Though this case has not been listed in the cause list before the National Lok Adalat, since it is represented that the parties are willing for settlement, this

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http://www.judis.nic.in

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case is taken up for final disposal. Both the parties are present. Mr.S.Ramalingam, the learned counsel for the appellant and Mr.K.Mugundan, the learned counsel for the first respondent are present. After discussion and negotiation, the matter is settled as follows:-

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TERMS OF SETTLEMENT

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The Tribunal has awarded a sum of Rs.7,52,000/- with interest at the rate of 7.5% per annum from the date of petition till the date of deposit and costs as

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compensation. Challenging the quantum of compensation, the

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appellant/Insurance Company has preferred the present appeal.

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2. As per the award passed by the trial Court in appellant/Insurance

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Company has deposited the entire award amount of Rs.7,52,000/- along with interest @ 7.5%. Now, the matter is settled to the effect that the appellant/Insurance Company is entitled to withdraw a consolidated sum of Rs.1,80,000/- (Rupees One Lakh and Eighty Thousand Only) in full quit from the aforesaid deposit and the entire balance amount shall be permitted to be withdrawn by the claimant/first respondent.

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3. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, connected Miscellaneous Petition is closed, if any.

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http://www.judis.nic.in

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The Divisional Manager National Insurance Co.,Ltd., Divisional Office, 110, JN Street Puducherry 605 001. Counsel for the Appellant

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Anbalagan Counsel for the first respondent

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

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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.

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Judge Member Member

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http://www.judis.nic.in

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P.RAJAMANICKAM, J.

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dna/vv

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To:The parties/Advocate concerned

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Copy to:

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1.The Motor Accidents Claims Tribunal,

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(II Additional Subordinate Judge),Cuddalore.

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2.The Secretary, High Court Legal Services Committee, Chennai.

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3.The Section Officer, V.R.Section, High Court, Madras.

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4.The Section Officer, Lok Adalat Section, High Court, Madras.

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C.M.A.No.167 of 2016

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14.12.2019

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http://www.judis.nic.in

The Divisional Manager, v. Anbalagan,S/O.Subramanian

Case brief

What is this about?

What did the court decide?

The Divisional Manager, v. Anbalagan,S/O.Subramanian

Case brief

What is this about?

What did the court decide?

What the court decided

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