Partly allowed

The New India Assurance Company Ltd., v. Alagammal

Madras HC11 Feb 2023CMA(MD)/1017/2022

Case brief

AI extract

What is this about?

Award in a National Lok Adalat pursuant to a settlement between an insurance company and claimants reducing the awarded sum from Rs. 25,21,000 to Rs. 24,21,000 with interest. The deposit was accepted, bounce of appeal dismissed, and court fees refunded as per statutory provisions.

What did the court decide?

Settlement amount reduced; deposit accepted; interest allowed; full court fee refunded to appellant.

The New India Assurance Company Ltd., Vs… — Pension and Retirement Benefits | Madras HC (2023)

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HIGH COURT LEGAL SERVICES COMMITTE, MADURAI

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Madurai Bench of Madras High Court, Madurai - 625023

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Saturday the 11th day of February 2023 NATIONAL LOK ADALAT AWARD

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

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Presided Over by

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The Honourable Mr Justice R.VIJAYAKUMAR

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and

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Members

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MR.A.SUBRAMANIAN, District Judge(Retired) & MR.T.S.MOHAMMED MOHIDEEN, Advocate

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CMA(MD) No.1017 of 2022

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(Appeal against the judgment and decree passed on 13/04/2022 in MCOP.143/2017 on the file of the Additional District Court ,Sivagangai )

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The New India Assurance Company Ltd., Through its Branch Manager, Door No.480, Sekkalai Road, Salai Road, Karaikudi Town - 630 001, Sivagangai District.

... Appellant/s

Versus

1.Alagammal

W/o.Late.Murugabalan, Sanagulam Village, Kalaiyarmangalam Post, Sivagangai Taluk and District.

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2.Minor.Jamuna

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D/o.Late.Murugabalan, Sanagulam Village, Kalaiyarmangalam Post, Sivagangai Taluk and District.

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3.Minor.Rajathi

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D/o.Late.Murugabalan, Sanagulam Village, Kalaiyarmangalam Post, Sivagangai Taluk and District.

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4.Alagu

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S/o.Yoiappan, Sanagulam Village, Kalaiyarmangalam Post, Sivagangai Taluk and District.

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5. Arumugam

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W/o.Alagu, Sanagulam Village, Kalaiyarmangalam Post, Sivagangai Taluk and District.

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1/4

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https://www.mhc.tn.gov.in/judis 1/4

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6.Kalyanaraman

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S/o.Ramkumar, 16/2-102, ASM Hospital Compound, Kaliamman Kovil Street, Selluvai, Thiruppathur Taluk, Sivagangai District. (R6 set ex-parte in Tribunal -Notice dispensed with)

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... Respondent/s

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This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s Mr.J.S.Murali and the counsel for the respondents 1 to 5 Mr.V.Kannan are present. After mutual discussion, negotiation, mediation and conciliation between both parties and with the assistance of the Bench, both sides consented for settlement.

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AWARD

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The Civil Miscellaneous Appeal is preferred by the Insurance Company against the award of the Tribunal awarding a sum of Rs.25,21,000/-. Now the parties have agreed for a sum of Rs.24,21,000/- along with interest at the rate of 7.5% per annum from the date of filing of the petition till the date of deposit, ie., on 25.11.2022.

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2.The appellant Insurance Company has already deposited the entire award amount. The appellant Insurance Company is entitled to withdraw the balance amount, if any, along with accrued interest.

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3.The respondents 1,4,5 shall be entitled to withdraw their respective share along with accrued interest. The share of the minor respondents 2 and 3 are concerned shall be deposited in any one of the nationalized Bank. The first respondent shall be entitled to withdraw the interest of the minor claimants once in six months till they attain majority.

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The New India Assurance Company Ltd., Through its Branch Manager, Door No.480, Sekkalai Road, Salai Road, Karaikudi Town - 630 001, Sivagangai District.

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Counsel for the Appellant

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https://www.mhc.tn.gov.in/judis 2/4

1.Alagammal

2.Minor.Jamuna

3.Minor.Rajathi

Alagu

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5.Arumugam

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Counsel for the Respondents

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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 Tamilnadu 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.

JUDGE

MEMBER

MEMBER

To: The Parties/Advocate concerned

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Copy To

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Additional District Court ,Sivagangai .

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The Officer-in-Charge, High Court Legal Services Committee, Madurai.

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The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

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https://www.mhc.tn.gov.in/judis 3/4

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3/4

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Typed By PJL/PS/TA PA To The Hon'ble Judges

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https://www.mhc.tn.gov.in/judis 4/4

The New India Assurance Company Ltd., v. Alagammal

Case brief

What is this about?

What did the court decide?

The New India Assurance Company Ltd., v. Alagammal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Statutes considered

Parties & counsel

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