Allowed

A.Kavitha v. M.Subbu

Madras HC9 Dec 2023CMA/2708/2023

Case brief

AI extract

What is this about?

The National Lok Adalat settled an appeal filed by claimants against an MACT award regarding motor accident compensation. The parties compromised, increasing the settlement to Rs.49,00,000. The appeal was allowed upon the condition of depositing the settled sum and directing the Tribunal to release funds via NEFT/RTGS.

What did the court decide?

The respondents directed to deposit Rs.49,00,000 within four weeks. The Tribunal directed to issue the amount via NEFT/RTGS to parties without insisting on formal permission petition.

A.Kavitha Vs M.Subbu — Motor Accident Claims | Madras HC (2023)

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HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee Saturday, the 09^th day of December 2023 LOK ADALAT AWARD

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(Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by The Hon'ble Mrs.JUSTICE K.GOVINDARAJAN THILAKAVADI and

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Members

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Mr.N.Balasubramanian District Judge (Retd.) Mr.R.Ganesan Advocate

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C.M.A.No.2708 of 2023

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(Appeal against the judgment and decree pas	sed on	17.07.2023 made
in M.C.O.P.No.21 of 2021 on the file of the	Motor	Accident claims
Tribunal(Speical District Court) Villupuram.
1.A.Kavitha 2.Minor A.Sumantha 3.Minor A.Sumanraj (2 & 3 minor petitioners are represented by Guardian NF,mother A.Kavitha the 1st petitioner her 4.J.Leelavathy	erin)	.. Appellants
Vs.
1.M.Subbu
2.The Chief Manager Future Generali India Insurance Company Limited, 9th Floor, VBC Solitaire, 47 and 49 Bazullah Road, T.Nagar, Chennai-600 017		.. Respondents

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https://www.mhc.tn.gov.in/judis This case came up for settlement before the National Lok Adalat. Both

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the parties are present. The learned counsel for the appellants M/s. Ramya V.Rao and the learned counsel for the 2nd respondent, Mr.E.Rajadurai for Mr.M.B.Raghavan are present. 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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Both the parties and their respective counsel are present.

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The Tribunal has awarded a sum of Rs.41,43,750/-(Rupees Forty One Lakhs Forty Three Thousand and Seven Hundred and fifty only) with interest at 7.5% p.a. from the date of petition till the date of deposit as compensation.

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Not satisfied with the award amount, the appellants/claimants have preferred the present appeal. After due deliberations, both parties have agreed to settle the award amount at Rs.49,00,000/-(Rupees Forty Nine Lakshs only) in full quit.

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The 2nd respondent/Insurance Company is directed to deposit the said sum of Rs.49,00,000/-(Rupees Forty Nine Lakhs only), within a period of four weeks from the date of receipt of a copy of this order. The claimants/appellants 1 & 4 are permitted to withdraw their respective shares as apportioned by the Tribunal. The share of the minor appellants 2 & 3/claimants shall be deposited in any one of the Nationalised Bank till they attain majority in re-investment scheme. The award of the Tribunal is ordered accordingly.

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

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The Tribunal is directed to issue the award amount through

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NEFT/RTGS to the party concerned on proper identification in accordance with the terms of the award, without insisting on any formal permission petition.

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6.The appeal is ordered accordingly.

1.A.Kavitha

2.Minor A.Sumantha

3.Minor A.Sumanraj

4.J.Leelavathy

Counsel for the appellants

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1.M.Subbu

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2.The Chief Manager

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Future Generali India Insurance Company Limited,

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9th Floor, VBC Solitaire,

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47 and 49 Bazullah Road,

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T.Nagar, Chennai-600 017 Counsel for the 2nd respondent

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

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

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The Court fee paid shall be refunded to the parties in the manner

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provided under the Court Fees Act, 1870 as provided for under sub Sec.1

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of Section 21 r/w 25 of LSA Act 1987 as amended in 1994.

Judge

Member

Member

The parties/Advocate concerned

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Copy to:

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1.The Motor Accident claims Tribunal(Speical District Court) Villupuram. 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.

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

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K.GOVINDARAJAN THILAKAVADI, J.

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vsn

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C.M.A.No.2708 of 2023

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09.12.2023

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

A.Kavitha v. M.Subbu

Case brief

What is this about?

What did the court decide?

A.Kavitha v. M.Subbu

Case brief

What is this about?

What did the court decide?

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