Disposed

The Manager, v. p.poongodi

Madras HC14 Oct 2023CMA(MD)/546/2021

Case brief

AI extract

What is this about?

Lok Adalat settled a motor accident appeal arising from a Tribunal award. Parties consented to a final settlement of Rs. 15.75 lakhs with distribution among five respondents. The insurance company to refund any excess. Court fees to be refunded per statute.

What did the court decide?

Settlement of Rs. 15,75,000 as full quit; excess refunded to insurer; respondents allowed withdrawals as per schedule.

The Manager, Vs p.poongodi — Civil Procedure and Limitation | Madras HC (2023)

¶1

HIGH COURT LEGAL SERVICES COMMITTE, MADURAI

¶2

Madurai Bench of Madras High Court, Madurai - 625023

¶3

Saturday the 14th day of October 2023 NATIONAL LOK ADALAT AWARD

¶4

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

¶5

Presided Over by The Honourable Mrs Justice L.VICTORIA GOWRI

¶6

and

¶7

Members

¶8

Mr.K.R.Mathurasekaran District Judge(Retired) , Mr.P.R.Balasubramanian Advocate

¶9

CMA(MD) No.546 of 2021

¶10

(Appeal against the judgment and decree passed on 07/10/2020 in MCOP.52/2017 on the file of the Motor Accident Claims Tribunal, (ADDITIONAL DISTRICT JUDGE), VIRUDHUNAGAR)

¶11

The Manager, IFFCO-TOKIO General Insurance Company Limited, Chandragandhi Nagar, Ponmeni Bypass Road, Madurai.

¶12

... Appellant

¶13

Versus

¶14

1.P.Poongodi W/o.Late.Panapandi, No.47, Kamarajar Bypass Road, Allampatti, Virudhunagar Taluk, Virudhunagar District. 2.Manonmani, D/o.Late.Panapandi, W/o.R.G.Anandan, Kamarajar Bypass Road, Allampatti, Virudhunagar Taluk, Virudhunagar District. 3.P.Pandiyarajan, S/o.Late.Panapandi, No.28, Kamarajar Bypass Road, Allampatti, VIrudhunagar Taluk, Virudhunagar District. 4.M.Manishwari, D/o.Late.Panapandi, W/o.Maniraja, Old No.371, New No.5-259, Sriram Theatre Road, Allampatti, Virudhunagar District. 5.R.Srinivasagan, S/o.Raju, 3-157, Kondureddypatti, Silamaalaipatti, Madurai District-625703.

¶15

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

¶16

... Respondents

¶17

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s Ms.K.R.Shivashankari and the counsel for the respondent/s Mr.G.Prabhu Rajadurai are present. After mutual discussion, negotiation, mediation and conciliation between both parties and with

¶18

the assistance of the Bench, both sides consented for settlement.

¶19

AWARD

¶20

Already the Tribunal has passed an award of Rs.16,98.500/- with 7.5% interest. After due deliberation, both the parties have agreed for settlement of Rs.15,75,000/- as full quit. The excess amount if any, shall be refunded to the Insurance Company. The first respondent is permitted to withdraw a sum of Rs.8,00,000/-, the second respondent is permitted to withdraw a sum of Rs. 2,75,000/-, the third respondent is permitted to withdraw a sum of Rs.2,50,000/- and the fourth respondent is permitted to withdraw a sum of Rs.2,50,000/-.

¶21

The Manager, IFFCO-TOKIO General Insurance Company Limited,

¶22

Counsel for the Appellant

P.Poongodi

Manomani

P.Pandiyarajan

M.Manishwari

R.Sirinivasagan

Counsel for the Respondents

¶29

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

¶30

The full Court fee paid shall be refunded to the appellant in the manner provided under Section 69-A of https://www.mhc.tn.gov.in/judis 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.

¶31

The Original of the award shall be place in the court record and copy of the award, kept with High Court Legal Services Committee and one copy each is furnished to both parties free of cost.

¶32

In agreement of the above, both parties and their counsel have affixed their signatures/ thumb impressions in presence of the Lok Adalat Bench admitting the terms and today conditions and accordingly, the award is passed.

¶33

JUDGE

¶34

MEMBER MEMBER

¶35

To: The Parties/Advocate concerned

¶36

Copy To

¶37

ADDITIONAL DISTRICT JUDGE,VIRUDHUNAGAR.

¶38

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

¶39

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

¶40

Typed By SUBATHRA PA To The Hon'ble Judges

¶41

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

The Manager, v. p.poongodi

Case brief

What is this about?

What did the court decide?

The Manager, v. p.poongodi

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

Case details

Similar cases

The Branch Manager Vs Kala

National Insurance Company Vs R. Gayathri

Suhirth Vs The Chief Educational Officer

The Manager, Vs v.Magudapathi

Ganesan, Vs M/S.Tamilnadu Mercantile Bank

The Managing Director, Vs J. Raja