Disposed

The Oriental Ins Co. Ltd. v. Kalaivani

Madras HC8 Feb 2020CMA/2211/2019

Case brief

AI extract

What is this about?

National Lok Adalat settled an appeal against a Motor Accident Claims Tribunal award. The court modified the award to allow the insurer to withdraw Rs. 1,50,000 without interest, reducing the payout to claimants, and disposed of the appeal via consent settlement.

What did the court decide?

Compensation award reduced to allow appellant to withdraw Rs. 1,50,000 without interest; balance to be transferred to respondents via RTGS. Appeal disposed.

The Oriental Ins Co. Ltd. Vs Kalaivani — Insurance | Madras HC (2020)

¶1

¶2

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 8th February 2020 NATIONAL LOK ADALAT AWARD

¶3

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

¶4

The Hon'ble Mr.JUSTICE C.SARAVANAN

¶5

and

¶6

Members

¶7

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

¶8

C.M.A.NO.2211 OF 2019

¶9

(Appeal against the judgment and decree passed on 04.07.2018 made in MCOP.No.4962 of 2014 on the file of the Motor Accidents Claims Tribunal, Special Sub Court No.2 to deal with MCOP cases, Small Causes Court, Chennai)

¶10

The Oriental Insurance Company Ltd Motor III Party Claims Office, No.115, Pragasam Salai Broadway, Chennai-108. .. Appellant /versus/ 1.Kalaivani 2.Periyasamy 3.Haridoss .. Respondents

¶11

(R3 was set exparte before the Tribunal)

¶12

This case is not listed today. At request, the matter is taken up for settlement before this Lok Adalat. Both the parties are present. Mr.R.Sivakumar, learned counsel for appellant/Insurance Company and Mr.K.Sivakumar, learned counsel for the respondents/claimants are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

¶13

TERMS OF SETTLEMENT

¶14

The Tribunal has awarded a sum of Rs.9,30,000/- with interest at the rate of 7.5% per annum as compensation to the respondents/claimants. Challenging the same, the appellant/Insurance Company has preferred this appeal.

¶15

2.It is submitted by the learned counsel for the Appellant/Insurance Company that the appellant/Insurance Company has already deposited the entire compensation amount along with interest. After due deliberation and consultation, both the parties have mutually agreed to reduce the award amount to the effect that the appellant/Insurance Company shall be permitted to withdraw a sum of Rs.1,50,000/- without interest and the balance amount lying http://www.judis.nic.in

C.SARAVANAN, J.

rk /jen

in the deposit along with accrued interest shall be permitted to be withdrawn by the respondents 1 & 2/claimants 1 & 2. The award of the Tribunal is modified accordingly.

¶20

3.The Tribunal shall transfer the above said modified compensation amount as per the ratio of apportionment made by it, to the respective savings bank accounts of the respondents/claimants 1 and 2 through RTGS forthwith, on proper identification, in accordance with the terms of the award, without insisting on any formal permission petition. The appellant/Insurance Company is also permitted to withdraw Rs.1,50,000/- from the deposited amount, as per this settlement order. Liberty given by the Tribunal to the appellant to recover the compensation amount from the 3^rd respondent owner of the vehicle remains unaltered by this settlement.

¶21

Accordingly, the Civil Miscellaneous Appeal is disposed of. Consequently, connected civil miscellaneous petition, if any, is closed.

¶22

The Oriental Insurance Company Ltd Motor III Party Claims Office, Broadway, Chennai-108.

¶23

Counsel for the Appellant

¶24

1.Kalaivani

¶25

2.Periyasamy

¶26

Counsel for the respondents 1 and 2

¶27

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

¶28

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.

¶29

Judge

¶30

Member Member

¶31

To:The parties/Advocate concerned. Copy to: 1.The MACT, Special Sub Court.No.2, Small Causes Court, Chennai.

¶32

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

¶33

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

¶34

http://www.judis.nic.in 4.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies

¶35

¶36

C.M.A.NO.2211 OF 2019, Dated : 08.02.2020

¶37

http://www.judis.nic.in

The Oriental Ins Co. Ltd. v. Kalaivani

Case brief

What is this about?

What did the court decide?

The Oriental Ins Co. Ltd. v. Kalaivani

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Mr.Alagesan Vs The Chief Commissioner of

Sri Kumaran Super Market Vs the Commercial Tax Officer

M/S. Bhansali Steels, Vs the Commercial Tax Officer

The Oriential Insurance Co. Ltd. Vs Indira

Muthal @ Muthulakshmi Vs the Oriental Ins., Co., Ltd., Chennai

The Manager Vs E.Anbu,S/O Elumalai