National Lok Adalat settled CMA.No.2558 of 2023 via an addendum allowing the insurer to recover paid amounts from the vehicle owner, correcting an oversight in the prior settlement.
Addendum added allowing insurer to recover payment from vehicle owner; fresh order copy directed.
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.
CMA.No.2558 of 2023
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI Saturday, the 08th day of March, 2025 NATIONAL LOK ADALAT AWARD (Chapter VI and u/s 21 of Legal Services Authorities Act, 1987)
Presided over by
The Hon'ble Mr.JUSTICE D.BHARATHA CHAKRAVARTHY and
Members :
Mr.N.Balasubramanian (Retd. District Judge) Mrs.S.Thenmozhi (Advocate)
CMA.No.2558 of 2023
(Appeal against the judgment and decree passed on 23.09.2022 made in M.C.O.P.No.757 of 2017 on the file of the Motor Accidents Claims Tribunal, (Principal Sub-Judge, Cuddalore).
The Divisional Manager National Insurance Company Limited No.110, J.N.Street Puducherry 605 001. ... Appellant
Versus
1.Nirmala 2.Srinivasan ....Respondents
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CMA.No.2558 of 2023
This case came up for settlement before the National Lok Adalat. Both the parties are present. M/s.N.B.Sureka, the learned Counsel for the Appellant and M/s.Ramya V.Rao, the learned Counsel for the first respondent. The second respondent was set exparte before the Tribunal. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:
TERMS OF SETTLEMENT
Both sides learned counsel are present.
2. Today this matter has been listed under the caption “for being
mentioned”.
3 . It is submitted that the liberty to recover from the owner of the vehicle was not recorded in the original settlement dated 14.12.2024, due to oversight. Since the same does not affect any rights of the parties, both sides learned counsel alone signing the addendum. The following lines shall be added after the Paragraph No.5 of the original terms of the settlement dated 14.12.2024,
“6. The appellant/Insurance Company will be entitled
to pay the same and thereafter recover from the owner of the vehicle/second respondent”.
4. The Registry is directed to carry out the necessary correction
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CMA.No.2558 of 2023
and issue a fresh order copy.
..Counsel for the Appellant
..Counsel for the first Respondent
This National Lok Adalat award is passed in terms of the above
settlement.
The Court fee paid shall be refunded to the parties in the manner provided under 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
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CMA.No.2558 of 2023
D.Bharatha Chakravarthy, J.
jer/dna
To: The parties/Advocate concerned
Copy to:
jer/dna
CMA.No.2558 of 2023
08.03.2025
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1 issue framed by the court
Scope of recovery of insurance payment from vehicle owner.
1 provisions across 1 enactments
Divisional Manager National Insurance Company Limited
Nirmala
Srinivasan
D.Bharatha Chakravarthy
N.Balasubramanian
S.Thenmozhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
