Disposed

The New India Assurance Co. Ltd. v. Suriya, W/O.Veeraiyan

Madras HC11 Feb 2023CMA(MD)/425/2019

Case brief

AI extract

What is this about?

National Lok Adalat award recorded where insurance company and claimants settled for 13 lakks against deposited 19.84 lakks. Award reduced, deposit withdrawal permitted, name error noted for tribunal rectification, and court fees refund ordered.

What did the court decide?

Settlement of 13,00,000/- recorded; appellant to withdraw excess deposited amount; name error to be rectified by Tribunal; court fees refunded.

The New India Assurance Co. Ltd. Vs Suriya, W/O.Veeraiyan — Insurance | 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.425 of 2019

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(Appeal against the judgment and decree passed on 26/11/2018 in MCOP.429/2013 on the file of the ADDL. DISTRICT JUDGE(FTC), MACT, Kumbakonam)

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THE NEW INDIA ASSURANCE CO LTD REP.BY ITS BRANCH MANAGER, KARAIKAL.

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... Appellant

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Versus

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1.SURIYA, W/O.VEERAIYAN

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NEW ST, MANANJERI, KORANATTUKARUPPUR POST, KUMBAKONAM.

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2.MINOR NARTHIKA

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D/O.VEERAIYAN, NEW ST, MANANJERI, KORANATTUKARUPPUR POST, KUMBAKONAM.

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3.MINOR KANISHQ

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D/O.VEERAIYAN, NEW ST, MANANJERI, KORANATTUKARUPPUR POST, KUMBAKONAM.

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(MINOR RES. 2 & 3 REP. THEIR MOTHER 1ST RESPONDENT)

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4.OIL & NATURAL GAS CONNECTION AHMADABAD, THROUGH ITS GENERAL MANAGER.

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5.SURESH

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S/O.SUBRAMANIAN, NO.9, ELLAPALAYAM ROAD, PERIYASEMOOR, ERODE.

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6.KANNAIYAN

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S/O.MARUTHAMUTHU, NEW ST, MANANJERI, KORANATTUKARUPPUR

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

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POST, KUMBAKONAM.

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7.SAMUTHIRAVALLI

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S/O.KANNAIYAN, NEW ST, MANANJERI, KORANATTUKARUPPUR POST, KUMBAKONAM.

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8.MAHESH

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W/O.MURUGAN, KEELATHERU, PULIYAMBADI, INNAMBUR POST, KUMBAKONAM TK.

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9.PARAMESWARI

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W/O.RAGAVAN, KEELATHERU, PULIYAMBADI, INNAMBUR POST, KUMBAKONAM TK.

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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 Mr.G.Prabhu Rajadurai and the counsel for the respondents Mr.S.Siva Thilakar 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 Insurance Company has filed the above appeal challenging the award amount of Rs.19,84,400/-. Now the parties have arrived at a settlement for a sum of Rs.13,00,000/- as full quit. The same is recorded.

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The appellant has already deposited the entire award amount before the MACT Tribunal, Kumbakonam. The appellant Insurance Company is entitled to withdraw the over and above Rs.13,00,000/- along with accrued interest.

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According to the learned counsel for the claimants, the correct name of the third claimant is Minor.V.Subiraj. However, it has been erroneously mentioned as Minor Kanishq. The claimants shall approach the Tribunal for rectifying the same.

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The claimants are entitled to withdraw the award amount by filing appropriate application before the Tribunal.

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

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THE NEW INDIA ASSURANCE CO LTD REP.BY ITS BRANCH MANAGER, KARAIKAL.

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Counsel for the Appellant/s

SURIYA

MINOR NARTHIKA

MINOR KANISHQ

KANNAIYAN

SAMUTHIRAVALLI

Counsel for the Respondent/s

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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

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

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To: The Parties/Advocate concerned Copy To

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ADDL. DISTRICT JUDGE, FTC, MACT, KUMBAKONAM.

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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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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 Co. Ltd. v. Suriya, W/O.Veeraiyan

Case brief

What is this about?

What did the court decide?

The New India Assurance Co. Ltd. v. Suriya, W/O.Veeraiyan

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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