Motor accident claim appeal settled before National Lok Adalat; award modified from Rs.20,65,392/- to Rs.19,90,392/- with 7.5% interest, distributed among claimant family members and appeal disposed of.
Award modified to Rs.19,90,392/- plus 7.5% interest; insurance company to deposit within eight weeks with distribution among respondents per settlement terms.
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.
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HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI National Lok Adalat organised by the High Court Legal Services Committee
Saturday, the 14th December, 2024
LOK ADALAT AWARD
(Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by
The Hon'ble Mr.JUSTICE P.B.BALAJI and
Members
Mr.M.Sambasivam, District Judge (Retd.) Mrs.D.Prasanna, Advocate
CMA.No.1247 of 2022 and CMP.No.9177 of 2022
Appeal against the judgment and decree in MACT.O.P.No.234 of 2017 dated 06.09.2021 on the file of the Motor Accident Claims Tribunal/District Court, (FAC), Karaikal.
The Branch Manager National Insurance Company Limited First Floor, Jaglur Mahalingappa Towers Above HDFC Bank Limited Bangaluru Davanagere Road Post Box No.94, Chitradurga Karnataka.
... Appellant
Vs.
1.Alex Mary 2.Lilly 3.Minor Vincent (Minor petitioner is represented by his next friend mother, first respondent herein)
4.John joseph 5.Veerappa Meter https://www.mhc.tn.gov.in/judis 6.Maqsood Ahamed
... Respondents
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This case is taken up for settlement before the National LokAdalat. Both the parties are present. Ms.N.B.Sureka, learned counsel for appellant and Mr.S.V.Karthikeyan, learned counsel for the respondents 1 to 4 are present. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows::
TERMS OF SETTLEMENT
The Tribunal has awarded a sum of Rs.20,65,392/-, with interest at 7.5% per annum, from the date of petition, till the date of decree and costs as compensation. Aggrieved by the award of the Tribunal, the appellant has preferred the present appeal.
award amount of Rs.19,90,392/- (Rupees Nineteen Lakhs Ninety https://www.mhc.tn.gov.in/judis Thousand and Three Hundred Ninety Two Only) together with interest @
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7.5% per annum from the date of petition to till the date of deposit, after deducting the amount already deposited if any, within a period of eight weeks from the date of receipt of a copy of this award.
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The Branch Manager National Insurance Company Limited First Floor, Jaglur Mahalingappa Towers Above HDFC Bank Limited Bangaluru Davanagere Road Post Box No.94, Chitradurga Karnataka. ..Counsel for the Appellant
1.Alex Mary
2.Lilly
3.Minor Vincent (Minor petitioner is represented by his next friend mother, first petitioner herein)
4.John joseph ..Counsel for the respondents 1 to 4
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 Tamil Nadu 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:
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The parties/Advocate concerned
Copy to:
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P.B.BALAJI.J.,
rkp/dna
CMA.No.1247 of 2022 and CMP.No.9177 of 2022
14.12.2024
1 issue framed by the court
Whether the tribunal's compensation award of Rs.20,65,392/- could be settled at a modified amount through Lok Adalat compromise.
3 provisions across 3 enactments
The Branch Manager National Insurance Company Limited
Alex Mary
Lilly
Minor Vincent
John joseph
Veerappa Meter
P.B.Balaji
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
P.B.Balaji
Parties & counsel
