Disposed

The Divisional Manager v. Aamirkhan

Madras HC11 Feb 2023CMA/1611/2019

Case brief

AI extract

What is this about?

A Civil Miscellaneous Appeal arising from a Motor Accidents Claims Tribunal judgment was settled before the National Lok Adalat. Parties mutually agreed to reduce the awarded amount to Rs.7,63,240/- plus interest, which the Insurance appellant was directed to deposit.

What did the court decide?

Appeal disposed of; award reduced to Rs.7,63,240/- plus 7.5% interest; Insurance appellant directed to deposit reduced amount and withdraw excess.

The Divisional Manager Vs Aamirkhan — Motor Accident Claims | Madras HC (2023)

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HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Lok Adalat organised by the High Court Legal Services Committee Saturday, the 11^th day of February 2023

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NATIONAL LOK ADALAT

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

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The Hon'ble Mrs.JUSTICE T.V.THAMILSELVI

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and

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Members

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Mr. P.Rosiah, District Judge (Retd)

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Mrs. A.Veeramarthini

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C.M.A.No.1611 of 2019

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This Civil Miscellaneous Appeal has been filed against the Judgment and Decree in M.C.O.P. No.38 of 2016 dated 13.04.2018 on the file of the Motor Accidents Claims Tribunal/Additional District Judge, Hosur at Krishnagiri District.

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The Divisional Manager, New India Assurance Company Limited, K.G.Swamy Complex, Bagalur Road, Hosur - 635109. .. Appellant

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Vs.

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Amirkhan (died) 2. Pyari Jan

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Zarina

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Saleem

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Minor Salma Rep by next friend / mother

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Mrs.Zarina 6.Muneer Ahmed (6th Respondent is set exparte before the Tribunal) .. Respondents

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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 https://www.mhc.tn.gov.in/judis Mr.M.Sivakumar, learned Advocate for the Respondents are present.

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After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:

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TERMS OF SETTLEMENT

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The Tribunal has awarded a sum of Rs.23,98,000/- with interest at 7.5% per annum from the date of filing of the petition till the date of deposit.

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Today, when the matter taken up for hearing, both the appellant and respondents along with their counsel appeared. The third respondent one Zarina appeared before this Court through Video Conference and she also agreed for the terms of settlement. After due deliberation and consultation, both parties have submitted that as per the compromise arrived between the parties, they have agreed to settle the case for a sum of Rs.7,63,240/- (Rupees Seven Lakhs Sixty Three Thousand Two Hundred and Forty only) along with 7.5% proportionate interest.

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The appellant / Insurance company shall deposit the modified award amount of Rs.7,63,240/- (Rupees Seven Lakhs Sixty Three Thousand Two Hundred and Forty only) along with 7.5% proportionate interest. The Appellant further submits that they had deposited a sum of Rs.15,74,363/- before the Tribunal as per the interim order passed by this Hon'ble Court. The appellant / Insurance company is directed to withdraw any excess amount is available before the Tribunal.

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

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On such deposit being made, the second respondent/second claimant is entitled to withdraw a sum of Rs.1,63,240/- along with 7.5% proportionate interest and the third, fourth and fifth respondents are entitled to withdraw their respective shares for a sum of Rs.2,00,000/- each along with 7.5% proportionate interest, without filing any formal petition. The Award is passed accordingly.

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The Tribunal is directed to transfer the amount through RTGS/NEFT to

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

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This Civil Miscellaneous Appeal is disposed of accordingly.

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The Divisional Manager, New India Assurance Company Limited, K.G.Swamy Complex, Bagalur Road, Hosur - 635109.

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Counsel for the Appellant

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Pyari Jan

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Zarina

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Saleem

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Minor Salma Rep by next friend / mother

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Mrs.Zarina Counsel for the Respondents

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https://www.mhc.tn.gov.in/judis This Lok Adalat award is passed in terms of the above settlement.

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T.V.THAMILSELVI, J.

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drl

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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 2 r/w 25 of LSA Act 1987 as amended in 1994.

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Judge Member Member

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To:The parties/Advocate concerned

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Copy to:

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The Motor Accidents Claims Tribunal, Additional District Judge at Hosur, Krishnagiri District.

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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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drl

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C.M.A.No.1611 of 2019

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11.02.2023

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

The Divisional Manager v. Aamirkhan

Case brief

What is this about?

What did the court decide?

The Divisional Manager v. Aamirkhan

Case brief

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