Disposed

The Oriental Insurance Company Limited, v. Sujithra

Madras HC9 Mar 2024CMA(MD)/114/2021

Case brief

AI extract

What is this about?

A National Lok Adalat award passed in CMA(MD) No.114 of 2021 settling an insurance dispute between The Oriental Insurance Company and claimants. The Insurance Company agreed to deposit Rs.68,40,000/- with interest and cost within eight weeks for distribution among the respondents.

What did the court decide?

The Appellant directed to deposit Rs.68,40,000/- with interest and cost within eight weeks; Respondents permitted to withdraw amounts upon receipt.

The Oriental Insurance Company Limited, Vs… — Civil Procedure and Limitation | Madras HC (2024)

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HIGH COURT LEGAL SERVICES COMMITTE, MADURAI Madurai Bench of Madras High Court, Madurai - 625023

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Saturday the 9th day of March 2024 NATIONAL LOK ADALAT AWARD

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(Chapter VI and u/s 21 or Legal Services Authorities Act, 1987)

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Presided Over by

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The Honourable Mr Justice K.K. RAMAKRISHNAN

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and

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Members

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Mr.G.P.Elango, District Judge(Retired) , Mr.P.Ganapathi Subramanian, Advocate

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CMA(MD) No.114 of 2021

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(Appeal against the judgment and decree passed on 27/06/2019 in MCOP.16/2018 on the file of the III ADDITIONAL DISTRICT JUDGE AND SESSIONS JUDGE, Thanjavur camp at PATTUKKOTTAI)

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THE ORIENTAL INSURANCE COMPANY LIMITED, Through it s Regional Manager, Gopalrao Library Building, Town Hall Road, Kumbakonam Town.

... Appellant/s

Versus

1.SUJITHRA,

D/o. Dason Leyon, No.155, Morais city, Pudukottai Road, Sempttu, Air Post, Trichirappalli. Now residing at 100/N, Salomon Colony, Pannavoyal Road, Pattukottai Town.

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2.Monicka,

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D/o. Dason Leyon, No.155, Morais City, Pudukottai Road, Sempattu, Air Port, Trichirappalli. Now residing at 100/N, Salomon Colony, Pannavoyal Road, Pattukottai Town.

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

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3.Romenammal W/o.Manuvel,

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No.155, Morais City, Pudukottai Road, Sempattu, Air Port, Trichirappalli. Now residing at 100/N, Salomon Colony, Pannavoyal Road, Pattukottai Town.

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4.The Proprietor,

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M/s. Thirumangalam Auto Supplies, No.132, TPP Kasinagar and Sons, BPC Dealer, Virudhunagar Road, Madurai Town.

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5.The National Insurance Company Ltd.,

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Through it s Regional Manager, D.No.1754/56, Manojiyappa Street, Thanjavur Town.

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... Respondent/s

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This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant Mr.C.Karthik and the counsel for the respondents 1 to 3 Mr.R.Muruganandam are present. After mutual discussion, negotiation, mediation and conciliation between both parties and with the assistance of the Bench, both sides consented for settlement.

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AWARD

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Both the parties along with their respective counsels are present. The appellant/Insurance company is agreed to deposit a sum of Rs.68,40,000/- and he seeks time to deposit the same.

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2.The third respondent is aged about 80 years and gave power to her grand daughter namely the first respondent. The claimants/respondents 1 to 3 have agreed to receive a sum of Rs.68,40,000/- with interest and cost as awarded by the Court below.

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

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3.Considering the same, the Insurance company is directed to

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deposit the amount of Rs.68,40,000/- with interest and cost, less the amount already deposited if any, within a period of eight weeks from the date of receipt of the award.

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4.On such deposit being made, the third respondent permitted

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to withdraw the amount of Rs.7,00,000/-. The respondents 1 and 2 are permitted to withdraw the amount of Rs.30,70,000/- each by filing necessary application before the Tribunal.

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THE ORIENTAL INSURANCE COMPANY LIMITED, Through it s Regional Manager, Gopalrao Library Building, Town Hall Road, Kumbakonam Town.

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Counsel for the Appellant/s

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SUJITHRA,

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Monicka,

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Counsel for the Respondents

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

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The full Court fee paid shall be refunded to the appellant in the manner provided under Section 69-A of the Tamilnadu 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.

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

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The Original of the award shall be place in the court record and copy of the award, kept with High Court Legal Services Committee and one copy each is furnished to both parties free of cost.

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In agreement of the above, both parties and their counsel have affixed their signatures/ thumb impressions in presence of the Lok Adalat Bench admitting the terms and today conditions and accordingly, the award is passed.

JUDGE

MEMBER

MEMBER

To: The Parties/Advocate concerned Copy To

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1.The III ADDITIONAL DISTRICT JUDGE AND SESSIONS JUDGE, Thanjavur Camp at PATTUKKOTTAI.

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The Officer-in-Charge, High Court Legal Services Committee, Madurai.

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The Section Officer, V.R. Section, Madurai Bench of Madras High Court, Madurai.

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Typed By vsg PA To The Hon'ble Judges

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

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The Oriental Insurance Company Limited, v. Sujithra

Case brief

What is this about?

What did the court decide?

The Oriental Insurance Company Limited, v. Sujithra

Case brief

What is this about?

What did the court decide?

What the court decided

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The Oriental Insurance Company Limited, Vs Sujithra