Civil Miscellaneous Appeal against motor accident award settled via compromise during National Lok Adalat. Appellant insurance company directed to deposit Rs. 3,00,000/- within six weeks. Appeal disposed of accordingly.
Compromise settled for Rs. 3,00,000/-. Appeal disposed of.
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HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI
National Lok Adalat organised by the High Court Legal Services Committee
Saturday, the 09 th day of March, 2024
NATIONAL LOK ADALAT AWARD
(Chapter VI and u/s 21 of Legal Services Authorities Act, 1987)
Presided over by
The Hon'ble Mrs.Justice R.KALAIMATHI AND
Members
Mr.A.Thanikasalam, District Judge (Retd.) Mrs.K.Kavitha, Advocate
C.M.A.No.2134 of 2022
Appeal against the Judgment and Decree in M.C.O.P.No.426 of 2020 dated 25.04.2022 on the file of the Motor Accident Claims Tribunal, Additional Court, Puducherry.
The Branch Manager, Cholamandalam M.S.General Insurance Co.Ltd., 100, Feet Road, Marappalaam, Mudaliyarpettai, Puducherry.
...Appellant
Vs.
1.Mrs. Delrock Anthoniyammal 2.Mr. Paramasivam (Ex-parte) ...Respondents
This case is taken up for settlement before the National Lok Adalat. Both the parties are present. Mr. E. Rajadurai, for M/s. C. Harini, learned counsel for appellant is 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.3,60,000/- with interest @ 7.5% p.a. from the date of numbering of petition till the date of realisation as compensation. Aggrieved by the award of the Tribunal, the appellant had preferred the present appeal.
2. After due deliberation, both the parties have agreed to settle the award for a sum of Rs.3,00,000/- (Rupees Three Lakhs only) in full quit.
3. The Appellant/Insurance Company is directed to deposit the above said accepted award amount of Rs.3,00,000/- (Rupees Three Lakhs only), after deducting the amount already deposited if any, within a period of six weeks from the date of receipt of a copy of this award.
4. On such deposit, the first respondent/claimant is permitted to withdraw the modified amount without filing any formal petition.
5. The Tribunal is directed to transfer the amount through RTGS/NEFT to the parties concerned on proper identification in accordance with the terms of the award, with out insisting on any formal permission petition. The Civil Miscellaneous Appeal is disposed of accordingly. Consequently, connected miscellaneous petition is also closed, if any.
This Lok Adalat award is passed in terms of the above settlement.
The entire 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.
The Branch Manager, Cholamandalam M.S.General Insurance Co.Ltd., 100, Feet Road, Marappalaam, Mudaliyarpettai, Puducherry. Counsel for the Appellant
1.Mrs. Delrock Anthoniyammal
2.Mr. Paramasivam (Ex-parte) Counsel for the Respondent
Judge
Member Member
To:
The parties/Advocate concerned
Copy to:
R.KALAIMATHI,J.
klt
C.M.A.No.2134 of 2022
09.03.2024
1 issue framed by the court
Whether the parties can settle the motor accident claim appeal through mutual compromise in Lok Adalat?
4 provisions across 3 enactments
Branch Manager, Cholamandalam M.S. General Insurance Co. Ltd.
Mrs. Delrock Anthoniyammal
Mr. Paramasivam
R. Kalaimathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
