The High Court passed a Lok Adalat award settling a motor accident claim appeal. The appellant insurance company was directed to pay Rs. 42 lakhs plus interest to the claimant within eight weeks, resolving the dispute through conciliation.
Award of Rs. 42,00,000/- plus interest at 7.5% per annum and costs.
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.
HIGH COURT LEGAL SERVICES COMMITTE, MADURAI
Madurai Bench of Madras High Court, Madurai - 625023
Saturday the 8th day of June 2024
NATIONAL LOK ADALAT AWARD
(Chapter VI and u/s 21 or Legal Services Authorities Act, 1987)
Presided Over by The Honourable Mrs Justice L.VICTORIA GOWRI
and
Members
Mr.I.Pandurangan and M/s. S.C.JeyaIndra Patel
CMA(MD) No.1290 of 2023
(Appeal against the judgment and decree passed on 14/03/2022 in MCOP.59/2011 on the file of the Principal Sub Court Tenkasi)
NATIONAL INSURANCE COMPANY LIMITED Through its Divisional Manager, 2nd Floor, Cetty Street, Opposite Bus Stand, Tiruchencode.
... Appellant
Versus
This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant Mr.J.S.Murali and the counsel for the 1st respondent, Mr.K.Essakidurai are present. After mutual discussion, negotiation, mediation and conciliation between both parties and with the assistance of the Bench, both sides consented for settlement.
AWARD
After mutual discussion, negotiation, mediation and conciliation, both parties agreed to settle the matter for a sum of Rs.42,00,000/- (Rupees Forty Two Lakhs only) along with interest
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at the rate of 7.5% per annum from the date of petition till realization and costs. The 1st respondent / claimant is not entitled to claim interest for the default period from 02.08.2012 to 17.06.2014.
The Appellant / Insurance Company is directed to deposit the award amount with interest and costs after deducting the amount already deposited if any, within a period of eight (8) weeks. On such deposit being made, the 1st respondent / claimant is permitted to withdraw the award amount.
The Divisional Manager, NATIONAL INSURANCE COMPANY LIMITED, 2nd Floor, Cetty Street, Opposite Bus Stand, Tiruchencode.
Counsel for the Appellant
Suresh Patel
Counsel for the 1st Respondent
Ramachandran
This Lok Adalat award is passed in terms of the above settlement.
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.
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.
In agreement of the above, both parties and their counsel have affixed their signatures/ thumb
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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
Typed By MAHALAKSHMI PA To The Hon'ble Judges
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1 issue framed by the court
What is the settlement amount and terms agreed upon by the parties in the Lok Adalat?
3 provisions across 3 enactments
National Insurance Company Limited
Suresh Patel
Karuthathurai
Ramachandran
United India Insurance Co., Ltd.
L.Victoria Gowri
I.Pandurangan
S.C.JeyaIndra Patel
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
