Disposed

Reliance General Insurance Company Limited v. Gangadharan @ Gangadurai

Madras HC14 Oct 2023CMA/614/2021

Case brief

AI extract

What is this about?

In a National Lok Adalat, the High Court settled a motor accident claim arising from C.M.A.No.614 of 2021. Upon the death of the claimant, his legal heirs were added. Parties agreed to a compromise payment of Rs.16,25,000/- against total award interest. The matter was disposed of via National Lok Adalat award.

What did the court decide?

National Lok Adalat award of settlement for Rs.16,25,000/- paid to claimants and heirs; connected petition closed; court fees refunded.

Reliance General Insurance Company Limited Vs… — Motor Accident Claims | Madras HC (2023)

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C.M.A.No.614 of 2021

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HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Saturday, the 14^th day of October, 2023 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987)

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Presided over by

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The Hon'ble Mr.JUSTICE D.BHARATHA CHAKRAVARTHY and

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Members :

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Mr.N.Balasubramanian (Retd. District Judge) Mrs.V.Nalini (Advocate)

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C.M.A.No.614 of 2021

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and C.M.P.No.3771 of 2021

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(Appeal against the judgment and decree, dated 26.02.2020 made in M.C.O.P.No.2162 of 2017 on the file of the Motor Accident Claims Tribunal V Court of Small Causes, Chennai.)

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Reliance General Isurance Company Limited, No.6, 4^th Floor, Haddows Road, Nungambakkam, Chennai – 600 006. ... Appellant / 2^nd Respondent

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Versus

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Gangadharan @ Gangadurai ... Respondent / Petitioner 2. S.Kumaravel ... Respondent / 1^st Respondent

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This case came up for settlement before the Lok Adalat. Mr.P.Suresh Srinivasan, learned counsel for the appellant and Mr.S.Ravikumar, learned Counsel for the first respondent. After mutual

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1/5

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

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C.M.A.No.614 of 2021

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discussion and negotiation 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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Pending the Civil Miscellaneous Appeal, the sole respondent / claimant, Gangadharan @ Gangadurai died on 29.12.2019. Death certificate, produced in proof thereof, is placed on record. It is submitted that he is survived by his wife Meena, aged 41 years; son Alwin, aged 20 years; daughter Aswini, aged 18 years and mother Sarasu, aged 60 years (age as of the year 2021). The legal heir certificate, produced by the parties, is placed on record. Accordingly, a memo is also filed on behalf of the aforesaid four persons, who are the only surviving legal heirs of the deceased claimant. The learned Counsel appearing on behalf of the appellant has no objection in respect of the said memo. The said memo is taken on file. Accordingly, the aforesaid persons namely, Meena, Alwin, Aswini and Sarasu are brought on record as the respondents 3 to 6 in the above Civil Miscellaneous Appeal.

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It is represented that the entire award amount along with accrued interest in all totalling to a sum of Rs.18,35,474/- is already deposited to the account of M.C.O.P.No.2162 of 2017. Out of the said sum, it is now agreed by the parties that a sum of Rs.16,25,000/- shall be paid out to the claimants herein and they are prepared to accept the same as full quit. Of the said sum of Rs.16,25,000/-, the third respondent namely, Meena, will be entitled for a sum of Rs.11,37,500/-; and the respondents 4 to 6 will be entitled for a sum of Rs.1,62,500/- each. The claimants will be entitled for the said payment without filing any formal application and only upon verification of their

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

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C.M.A.No.614 of 2021

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identity.

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The balance sum available shall be refunded to the appellant

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Insurance Company.

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Consequently, connected miscellaneous petition is closed.

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Reliance General Isurance Company Limited, No.6, 4^th Floor, Haddows Road, Nungambakkam, Chennai – 600 006. Counsel for the Appellant

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S.Kumaravel

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Meena 3. Alwin 4. Aswini 5. Sarasu Counsel for the Respondents

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

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3/5

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

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C.M.A.No.614 of 2021

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The full court fee paid shall be refunded to the appellant in the manner provided under Section 71-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

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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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The Motor Accident Claims Tribunal,

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(V Court of Small Causes, Chennai).

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The Secretary, High Court Legal Services Committee, Chennai.

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

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

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grs

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

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4/5

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C.M.A.No.614 of 2021

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D.Bharatha Chakravarthy, J.

grs

C.M.A.No.614 of 2021

14.10.2023

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

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Reliance General Insurance Company Limited v. Gangadharan @ Gangadurai

Case brief

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Reliance General Insurance Company Limited v. Gangadharan @ Gangadurai

Case brief

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