Disposed

D.Balammal v. K.Kotteswaran

Madras HC14 Dec 2024CMA/1300/2023

Case brief

AI extract

What is this about?

Motor accident claimants' appeal against Tribunal award settled at National Lok Adalat; Bajaj Alliance General Insurance directed to deposit enhanced amount of Rs.8,00,000/- over the Rs.4,63,400 awarded, distributed among claimants.

What did the court decide?

Enhanced compensation of Rs.8,00,000/- from Bajaj Alliance General Insurance within eight weeks, apportioned among appellants; full court fee refund.

D.Balammal Vs K.Kotteswaran — Motor Accident Claims | Madras HC (2024)

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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

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LOK ADALAT AWARD

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(Chapter VI and u/s 21 of Legal Services Authorities Act, 1987) Presided over by

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The Hon'ble Mr.JUSTICE P.B.BALAJI

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and

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Members

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Mr.M.Sambasivam, District Judge (Retd.)

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Mrs.D.Prasanna Advocate

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CMA.No.1300 of 2023

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Appeal against the order in M.C.O.P.No.1021 of 2016 dated 06.01.2022 on the file of the Motor Accident Claims Tribunal/Additional District Court, Fast Track Court, Kanchipuram.

1.D.Balammal (Died)

2.P.Devadoss

3.D.Xaviour

4.D.Sagayaraj ... Appellants

Vs.

1.K.Kotteswaran

2.The Manager,

Oriental Insurance Company Ltd., Motor Third Party Claim Office, Oriental House, 2^nd Floor, No.216, Prakasam Salai, Broadway, Chennai -600 002.

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3.S.Syed Ayazuddin

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4.The Manager, Bajaj Alliance General Insurance Company Ltd., Motor Third Party Claim Office, No.276, 277/497, Poonamallee High Road, Chennai – 600 106. ... Respondents

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

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This case came up for settlement before the National Lok Adalat. Both the parties are present. Mr.M.Sivakumar, the learned counsel for the Appellant(s) and Mr.Rajadurai, the learned counsel for the 4^th respondent are present. After mutual discussion, negotiation, mediation and conciliation between both the parties, they arrived at a compromise to settle the matter as follows:-

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TERMS OF SETTLEMENT

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The appeal is at the instance of the legal heirs of the deceased D.Chinnappa who died as bachelor. The claim is preferred by the parents and brothers of the deceased. As against the award of the Tribunal, the claimants preferred the above civil miscellaneous appeal.

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2.The present claim is against the 4^th respondent/Bajaj Alliance General Insurance Company Limited is being settled today at this Lok Adalat.

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3.It is brought to our notice that the deposited amount of Rs.4,63,400/- along with interest at 7.5% has already been withdrawn by the parents of the deceased during the lifetime of the mother.

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4.The award against the 4^th respondent was RS.4,63,400/- and after deliberation, the parties have mutually arrived at Rs.8,00,000/- over and above, in full quit (inclusive of interest and costs).

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5.Today, it is reported by the learned counsel for the appellants that the 1^st appellant died on 11.11.2023, pending appeal and a copy of the Death Certificate is also attached.

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6.The 4^th respondent/Bajaj Alliance General Insurance Company is directed to deposit the enhanced amount of Rs.8,00,000/- (Rupees Eight Lakhs only), within a period of eight weeks from today. On such deposit, the appellants/claimants are https://www.mhc.tn.gov.in/judis permitted to withdraw the enhanced amount. On such deposit, the 2^nd appellant/claimant is entitled to a sum of Rs.4,00,000/- and the appellants/claimants

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3 and 4 are entitled to a sum of Rs.2,00,000/- each. Award is passed accordingly.

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The Tribunal is directed to transfer the amount in favour of the claimants through RTGS/NEFT, on proper identification in accordance with the terms of the award, without insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly.

1.D.Balammal (Died)

2.P.Devadoss

3.D.Xaviour

4.D.Sagayaraj

...Counsel for the Appellants

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The Manager, Bajaj Alliance General Insurance Company Ltd., Motor Third Party Claim Office, No.276, 277/497, Poonamallee High Road, Chennai – 600 106.

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...Counsel for the 4^th respondent

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

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

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The full Court fees paid shall be refunded to the parties in the manner provided under Court Fees Act, 1870 as provided for under sub Sec.1 of Section 21

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r/w 25 of LSA Act 1987 as amended in 1994.

Judge

Member

Member

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

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P.B.BALAJI ata/sli

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To:The parties/Advocate concerned Copy to:

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1.The Motor Accident Claims Tribunal/Additional District Court, Fast Track Court, Kanchipuram.

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2.The Secretary, High Court Legal Services Committee, Chennai.

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3.The Section Officer, V.R.Section, High Court, Madras.

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4.The Section Officer, Lok Adalat Section, High Court, Madras.+2 copies

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CMA.No.1300 of 2023

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14.12.2024

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

D.Balammal v. K.Kotteswaran

Case brief

What is this about?

What did the court decide?

D.Balammal v. K.Kotteswaran

Case brief

What is this about?

What did the court decide?

What the court decided

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