Disposed

K.Chithra v. D.Nirmalraj

Madras HC12 Nov 2022CMA/1006/2022

Case brief

AI extract

What is this about?

The Chief Metropolitan Civil Court disposed of an appeal against a Motor Accidents Claims Tribunal award. Both parties settled via National Lok Adalat, agreeing to a claim amount of Rs.5 lakhs over the initial award, directing the insurance company to deposit the funds and the court to disburse them without further permission.

What did the court decide?

Deposit of Rs.5,00,000 to be made within four weeks; Tribunal to disburse amounts to claimants directly; appeal disposed allowing settlement.

K.Chithra Vs D.Nirmalraj — Consumer Protection | Madras HC (2022)

¶1

C.M.A.No. 1006 of 2022

¶2

HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI

¶3

National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 12^th November, 2022

¶4

NATIONAL LOK ADALAT AWARD

¶5

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

¶6

Presided over by:The Hon'ble Mr.JUSTICE G.K.ILANTHIRAIYAN

¶7

Members:(1) Mr. K.Ramakrishnan, M.A., LL.M., District Judge (Retd.) (2) Ms. V.Vijayalakshmi, Advocate

¶8

CMA.No. 1006 of 2022

¶9

(Civil Miscellaneous Appeal against the award and decree passed, dated 17.12.2021 in MCOP.No.907 of 2020 , on the file of the Motor Accidents Claims Tribunal/Principal District Judge, Cuddalore.

¶10

1.K.Chithra 2.N.Monisha 3.K.Sowmiya 4.K.Ranjith 5.M.Raniyammal

¶11

Appellants

¶12

Vs.

¶13

D.Nirmalraj

¶14

The Branch Manager, The Oriental Insurance Co.Ltd., No.13, Bharathi Road, Opposite to Cddalore N.T.Police Station, Sathya Electronics, Cuddalore – 607 001.

¶15

Respondents

¶16

This case came up for settlement before the National Lok Adalat. Both the parties are present. Ms.Ramya V.Rao, the learned counsel for the Appellant and Mr.J.Chandran , the learned counsel for the second respondent are present. After mutual discussion, negotiation, mediation and conciliation between both the parties, they arrived at a compromise to settle the matter as follows:-

¶17

TERMS OF SETTLEMENT

¶18

This Appeal has been filed by the Appellant/Claimant against the impugned award dated 17.12.2021 in M.C.O.P.No.907 of 2020 on the file of the Motor Accidents Claims Tribunal/Principal District Judge, Cuddalore.

¶19

The Quantum of Compensation awarded by the Tribunal is Rs11,44,000/ - with interest at 8 % per annum from the date of petition till the date of deposit of compensation. Being dissatisfied with the award amount, the appellant/claimant has filed the present appeal seeking enhancement of the same.

¶20

After due deliberation and consultation, both the parties have agreed to settle the case for a sum of Rs.5,00,000/- (Rupees Five Lakhs only) as full quit over and above the Tribunal Award.

¶21

https://www.mhc.tn.gov.in/judis

¶22

Page 1 of 2

¶23

C.M.A.No. 1006 of 2022

¶24

The Appellant/Insurance Company is directed to deposit the above said modified award amount of Rs.5,00,000/- (full quit), after giving credit to the amount already deposited if any, within a period of four weeks from the date of receipt of a copy of this order. On such deposit, the Appellants/Claimants are permitted to withdraw their respective shares as apportioned by the Tribunal.

¶25

The Tribunal is directed to disburse the award amount to the claimants' Savings Bank Account, through RTGS/NEFT, on proper identification of the account of the claimants in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, the connected miscellaneous petition, if any, is closed.

¶26

1.K.Chithra

¶27

2.N.Monisha 3.K.Sowmiya 4.K.Ranjith

¶28

5.M.Raniyammal.

¶29

Counsel for the Appellant(s)

¶30

The Branch Manager, The Oriental Insurance Co.Ltd., No.13, Bharathi Road, Opposite to Cddalore N.T.Police Station, Sathya Electronics, Cuddalore – 607 001.

¶31

Counsel for the Respondent(s)

¶32

This National 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.

¶33

JUDGE

¶34

MEMBER MEMBER

¶35

To: The Parties/Advocates concerned. Copy to:

¶36

1.The Motor Accidents Claims Tribunal/Principal District Judge, Cuddalore. 2.The Secretary, High Court Legal Services Committee, Chennai. 3.The Section Officer, V.R.Section, High Court, Madras.

¶37

4.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies

¶38

lpp/rts

¶39

CMA.No.1006 of 2022 12.11.2022

¶40

https://www.mhc.tn.gov.in/judis

¶41

Page 2 of 2

K.Chithra v. D.Nirmalraj

Case brief

What is this about?

What did the court decide?

K.Chithra v. D.Nirmalraj

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

Amutha, F/A.25 Years Vs State by

S. Natrajan Vs Ayyasamy (Died)

Tiruvallurvar Transport Corporation Vs Priya

M/S.Bajaj Allianz Insurance Co. Ltd. Vs a.Asogan

The Divisional Manager Vs J.Rajakumary

Rajavalli Vs M/S.Nsk Blue Metals