National Lok Adalat award disposing of a motor accident claim appeal by compromise, setting the settlement amount at Rs. 2,60,000.
Compromise amount of Rs. 2,60,000/- agreed to be paid by Appellant Insurance Company.
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 day of December 2024
NATIONAL LOK ADALAT AWARD
(Chapter VI and u/s 21 of Legal Services Authorities Act, 1987)
Presided over by
The Hon'ble Mr.JUSTICE SUNDER MOHAN
and
Members
Mr.N.Balasubramanian, District Judge (Retd.) Mr.S.Pushpakaran, Advocate.
C.M.A.No.2814 of 2023
(Appeal against the judgment and decree passed on 07.03.2022 made
in M.C.O.P.No.173 of 2019 on file of the Motor Accidents Claims Tribunal, Paramathi, Namakkal District.)
The Branch Manager United India Insurance Co.Ltd, D.No.146N, Kumar Complex, Tiruchengodu Town ...Appellant/2nd respondent
Vs.
1.Eswaran @ Hemanth Kumar
2.Velusamy
(R2 Set Exparte before the Tribunal)
... Respondents
This case came up for settlement before the National Lok Adalat. Both the parties are present. The learned counsel for the Appellant Mr.R.Rajesh and Mr.P.Sankaranarayanan Insurance Company official Mr.M.Thirumalaiswamy, the learned counsel for the first respondent, Mr.K.Ganesh Babu are present. No appearance for the second respondent. After mutual discussion, negotiation, mediation and conciliation between both parties, they arrived at a compromise to settle the matter as follows:
TERMS OF SETTLEMENT
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Both the parties and their respective counsel are present.
the ground of negligence and quantum.
4.The Appellant Insurance Company shall deposit a sum of Rs.2,60,000/(Rupees Two Lakhs Sixty Thousand only) less the amount already deposited before the Tribunal, if any, within a period of eight (8) weeks from the date of receipt of copy of this order, failing which the Insurance Company agreed to pay interest at the rate of 7.5% per annum. On such deposit, the claimant shall be entitled to withdraw the entire amount.
United India Insurance Co.Ltd, D.No.146N, Kumar Complex, Tiruchengodu Town
Counsel for the Appellant
Mr.Eswaran @ Hemanth Kumar
Counsel for first respondent
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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
To
The parties/Advocate concerned
Copy to:
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The Hon'ble Mr.JUSTICE SUNDER MOHAN
ars/dk
C.M.A.No.2814 of 2023
14.12.2024
1 issue framed by the court
Whether the insurance company's challenge to the award on grounds of negligence and quantum should be settled via compromise?
1 provisions across 1 enactments
United India Insurance Co. Ltd.
Eswaran @ Hemanth Kumar
Velusamy
Sunder Mohan
N. Balasubramanian
S. Pushpakaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
