Lok Adalat settlement reduced insurance claim from Rs.23.61 lakhs to Rs.19.11 lakhs plus interest; award adjusted accordingly with deposit and interest withdrawal instructions.
Award adjusted to Rs.19,11,800/- plus 7.5% interest. Full amount deposited by appellant; respondents entitled to withdrawal after adjustment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT LEGAL SERVICES COMMITTE, MADURAI
Madurai Bench of Madras High Court, Madurai - 625023
Saturday the 11th day of February 2023 NATIONAL LOK ADALAT AWARD
(Chapter VI and u/s 21 or Legal Services Authorities Act, 1987)
Presided Over by The Honourable Mr.Justice R.VIJAYAKUMAR
and
Members
MR.A.SUBRAMANIAN, District Judge(Retired) & MR.T.S.MOHAMMED MOHIDEEN, Advocate
CMA(MD) No.1018 of 2022
(Appeal against the judgment and decree passed on 13/04/2022 in MCOP.188/2017 on the file of the Additional District Court ,Sivagangai )
The New India Assurance Company Ltd., Through its Branch Manager, Door No.480, Sekkalai Road, Salai Road, Karaikudi Town - 630 001, Sivagangai District.
... Appellant
Versus
1.Natarajan
2.Mahadevan
3.Minor Vinothini
4.Kalyanaraman
... Respondents
This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant Mr.J.S.Murali and the counsel for the respondents 1 to 3 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.
AWARD
The Civil Miscellaneous Appeal is preferred by the Insurance Company against the award of the Tribunal awarding a sum of Rs.23,61,800/-. Now the parties have agreed for a sum of Rs.19,11,800/- 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.
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.
3.The respondents 1 & 2 shall be entitled to withdraw their respective share along with accrued interest. The share of the minor 3rd respondent shall be deposited in any of the nationalized Bank. The first respondent shall be entitled to withdraw the interest of the minor claimant once in six months till she attains majority.
The New India Assurance Company Ltd., Through its Branch Manager, Door No.480, Sekkalai Road, Salai Road, Karaikudi Town - 630 001, Sivagangai District.
Counsel for the Appellant
3.Minor Vinothini
Counsel for the Respondents
This Lok Adalat award is passed in terms of the above settlement.
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
Copy To
Typed By PJL/PS/TA PA To The Hon'ble Judges
The New India Assurance Company Ltd.
Natarajan
Mahadevan
Minor Vinothini
Kalyanaraman
R.VIjayakumar
A.Subramaniam
T.S.Mohammed Mohideen
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
