Disposed

The Manager v. E.Anbu,S/O Elumalai

Madras HC8 Feb 2020CMA/1055/2018

Case brief

AI extract

What is this about?

In a Lok Adalat convened under the Legal Services Authorities Act, 1987, counsel for the insurance appellant and the claimant respondent mutually settled a motor accident compensation dispute. They modified the Tribunal's award from Rs. 15,98,700 to Rs. 23,00,000, with the appellant to deposit the full amount within four weeks.

What did the court decide?

Modification of Tribunal award to Rs. 23,00,000; Appellant to deposit amount within four weeks; Disposal of C.M.A.

The Manager Vs E.Anbu,S/O Elumalai — Motor Accident Claims | Madras HC (2020)

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HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 08th day of February, 2020

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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 Hon'ble Mr.JUSTICE C. SARAVANAN and

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Members

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Mr.N.Mohandoss, District Judge, Retd Mr.Karthick Ranganathan

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C.M.A.No.1055 OF 2018

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[Appeal against the judgment and decree passed on 28.08.2017 made in M.C.O.P.No.517 of 2012 on the file of the Motor Accidents Claims Tribunal Subordinate Judge, Tiruthani) The Manager, The Oriental Insurance Company Limited, Motor TP, No.173 J.N.Road, Tiruvallur. .. Appellant Vs. 1. E.Anbu 2. M/s Virgo Industries (Engineers) Pvt. Limited, .. Respondents (2nd respondent remained exparte and notice dispensed with for them)

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This case came up for settlement before the Lok Adalat. Both the parties are present. Mr.J.Chandran, learned counsel for the appellant and Mr.R.Ramesh, learned counsel for the first respondent are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they have arrived at a compromise to settle the case as follows:

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TERMS OF SETTLEMENT

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The Tribunal has awarded a sum of Rs 15,98,700/- with interest at the rate of 7.5% per annum from the date of filing of the petition till the date of realization as compensation to the 1st respondent / claimant. Challenging the http://www.judis.nic.in same, the appellant / Insurance Company has preferred this appeal.

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After due deliberation and consultation, both the parties have mutually agreed to modify the award amount to a sum of Rs.23,00,000/- in full quit. The award of the Tribunal is modified accordingly.

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The appellant / Insurance Company has already deposited 50% of the award amount together with interest thereon. The appellant / Insurance Company undertakes to deposit the balance award amount as per the modified

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award within a period of four weeks from the date of receipt of copy of this settlement order.

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On such deposit being made, the Tribunal shall transfer the same to the savings bank account of the 1st respondent / claimant through RTGS

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forthwith, on proper identification in accordance with the terms of the award, without insisting on any formal permission petition.

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5 Accordingly the Civil Miscellaneous Appeal is disposed of .

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Consequently connected civil miscellaneous petition, if any is closed.

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The Manager,

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The Oriental Insurance Company Limited, Motor TP, No.173 J.N.Road, Tiruvallur.

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Counsel for the Appellants

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E.Anbu

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Counsel for the 1st respondent

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http://www.judis.nic.in

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

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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
To:The parties/Advocate concerned
Copy to:
1.Motor Accidents Claims Tribunal Subordinate Judge, Tiruthani.
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.
adl

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http://www.judis.nic.in

C.SARAVANAN., J.

adl

C.M.A.No.1055 of 2018

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08.02.2020

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http://www.judis.nic.in

The Manager v. E.Anbu,S/O Elumalai

Case brief

What is this about?

What did the court decide?

The Manager v. E.Anbu,S/O Elumalai

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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