National Lok Adalat dismissed the appellant's appeal as not pressed on counsel's submission, despite the respondent's absence, pending deposit of the award amount to the Tribunal.
C.M.A. No. 3138 of 2014 dismissed as not pressed. Court fee refunded. Award amount directed to be deposited with MACT within two months.
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 day of 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 S. VAIDYANATHAN and
Members: Mr.S.Ramalingam Mr.M.Nallathambi
C.M.A.No.3138 of 2014
Appeal against the award and decree passed on 07.07.2014 in O.P.No.3413 of
2011 on the file of the Motor Accidents Claims Tribunal (In the V Court of Small Causes),
Chennai.
M/s.United India Insurance Company Limited,
No.70, NSC Bose Road,
Sowcarpet, Chennai - 79. .. Appellant
Vs.
1.E.Sugumar
(Declared as major as per order
in M.P.No.2873/13 dated 19.08.2013)
2.M.Karikalan .. Respondents
This case came up for settlement before the National Lok Adalat.
Mr.D.Bhaskaran, learned counsel for the Appellant is present.
Respondents / Claimants are not present.
TERMS OF SETTLEMENT
When the matter is taken up for hearing, the learned counsel for the Insurance Company has submitted that the Insurance Company is not pressing this appeal and he has made an endorsement to that effect. He further requested to dismiss this Civil Miscellaneous Appeal as not pressed.
2
2.In view of the above submission and endorsement made by the learned counsel for the appellant before the Lok Adalat, this petition is dismissed as not pressed. It is made clear that if the award amount is not deposited, the same shall be deposited before the Tribunal within a period of two months from the date of receipt of a copy of the Award and on such receipt, the same shall be paid to the injured.
3.The Trial Court shall follow the procedures contemplated in the order dated 11.03.2016 passed by a Division Bench of this Court in C.M.A.No.428 of 2016, scrupulously.
4.This Civil Miscellaneous Appeal is dismissed accordingly. Consequently, connected Miscellaneous Petition is closed, if any.
M/s.United India Insurance Company Limited, No.70, NSC Bose Road, Sowcarpet, Chennai - 79.
.. Counsel for the Appellant
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 Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in 1994.
Judge
Member
Member
3
To :
The parties/Advocate concerned
Copy to:
4
S.VAIDYANATHAN,J.
(tsg/sai)
C.M.A.No.3138 of 2014
14.09.2019
2 issues framed by the court
Whether the appellant's appeal is maintainable when not pressed.
Whether the award amount pending deposit affects the dismissal of the not-pressed appeal.
M/s. United India Insurance Company Limited
E. Sugumar
M. Karikalan
S. VAIDYANATHAN
S. Ramalingam
M. Nallathambi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
