Disposed

V. Kasturi v. P. Gnansekaran

Madras HC13 Aug 2022CMA/3683/2021

Case brief

AI extract

What is this about?

This judgment records the award of the National Lok Adalat held on 13.08.2022. The court approved a compromise settlement between appellants and two insurance respondents regarding a motor accident claim. The dispositive order directed the insurers to deposit an additional sum of Rs. 4,00,000/- as per the settled terms.

What did the court decide?

The insurers to deposit Rs. 4,00,000/- (Rs. 1,75,000/- each) within eight weeks; appellants to receive the full amount with 7.5% interest on default; no formal application required for withdrawal.

V. Kasturi Vs P. Gnansekaran — Execution and Attachment | Madras HC (2022)

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HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI

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National Lok Adalat organised by the High Court Legal Services Committee

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Saturday, the 13^th day of August, 2022

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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 Honourable Mr.Justice S.Sounthar

and

Members :

Mr.C.Raghavan

Ms.N.Isabella Santi Mary

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C.M.A.No.3683 of 2021

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(Appeal against Judgement and Decree passed by the Motor Accident Claims Tribunal/1^st Additional District and Sessions Judge at Cuddalore in M.C.O.P.No.2885 of 2017 dated 08.09.2021)

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1.V.Kasturi 2.D.Venkatesan

... Appellants

/versus/

1.P.Gnanasekaran

2.V.Poubalan

3.The United India Insurance Co. Ltd

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Third Party Service Hub, Plot No.35, 36, 37 AR Plaza, 45 Feet Road, Balaji Nagar Extention Saram, Puducherry – 605011.

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4.Bajaj Alliance General Insurance Co.Ltd. Old No.276, 277, New No.497, 498, Issana Kattima Building, 5^th Floor, Poonamalle High Road, Chennai – 600106.

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... Respondents

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This case is taken up for settlement before this National Lok Adalat. Appellants and 3^rd and 4^th respondents are present. Mrs.Ramya V.Rao , the learned counsel for appellants, Mr.J.Michael Visuvasam , learned counsel for 3^rd respondent and Mr.K.Poomalai, the learned counsel for 4^th respondent, are present.

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

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AWARD

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The appellants and respondents 3 and 4 entered into a compromise on the

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following terms:

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(i) The appellants agreed to receive a sum of Rs.4,00,000/- over and above what was already awarded by the Tribunal in full quit of their claim against the respondents 3 and 4.

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(ii) Out of the said amount the 3^rd respondent agreed to pay a sum of Rs.1,75,000/-in full quit and the 4^th respondent agreed to pay a sum of Rs.2,25,000/- in full quit.

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(iii) The respondents 3 and 4 are directed to deposit their share of the enhanced amount within a period of eight weeks from today, after deducting any amount already deposited.

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(iv) The appellants 1 and 2 are entitled to withdraw the award amount along with enhanced amount, on deposit by the respondents 3 and 4, without making any formal application.

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(v) The appellants 1 and 2 are entitled to equal share of the enhanced amount.

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(vi) If the respondents 3 and 4 fail to deposit the above said enhanced sum within a period of eight weeks the appellants are entitled to interest at the rate of 7.5% from the date of expiry of eight weeks till the date of realization of the entire amount.

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

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With the above directions, this Civil Miscellaneous Appeal is disposed of.

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Consequently, connected Miscellaneous petition, if any, is closed.

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1.V.Kasturi

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2.D.Venkatesan Counsel for Appellants

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1.The United India Insurance Co. Ltd Third Party Service Hub, Plot No.35, 36, 37 AR Plaza, 45 Feet Road, Balaji Nagar Extention Saram, Puducherry – 605011. Counsel for the 3^rd Respondent

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2.Bajaj Alliance General Insurance Co.Ltd. Old No.276, 277, New No.497, 498, Issana Kattima Building, 5^th Floor, Poonamalle High Road, Chennai – 600106.

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Counsel for the 4^th Respondent

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This 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

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Member Member

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To:The parties/Advocate concerned

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Copy to:

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1.The Motor Accident Claims Tribunal/1^st Additional District and Sessions Judge at 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.+2 copies

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

S.Sounthar.J.,

dm/pvs

C.M.A.No.3683 of 2021

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13.08.2022

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

V. Kasturi v. P. Gnansekaran

Case brief

What is this about?

What did the court decide?

V. Kasturi v. P. Gnansekaran

Case brief

What is this about?

What did the court decide?

What the court decided

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