Motor accident compensation appeal settled at National Lok Adalat. Tribunal award of Rs.6,88,864/- enhanced by consent to Rs.8,26,864/- with 7.5% interest; insurer directed to deposit within eight weeks.
Settlement of enhanced award of Rs.8,26,864/- plus 7.5% interest payable by second respondent-insurer within eight weeks; court fee refund permitted.
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 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 Honourable Mrs Justice R. KALAIMATHI
and
Members P.Mohandoss, District Judge(Retired), K.Samidurai, Advocate
CMA(MD) No.1539 of 2024
(Appeal against the judgment and decree passed on 27/09/2022 in MCOP.437/2021 on the file of the CHIEF JUDICIAL MAGISTRATE, MADURAI)
K. Muthukumaran
S/o.Karuppaiah, No.3/24, Akrakarapatti, Nakkalouthu Pachayat, Nilakottai Taluk, Dindigul District - 624 208.
... Appellant
Versus
1.A.ANILKUMAR
S/o.V.Appukuttan Nair, TC 50/1663-1, Vadakevila Veedu, Konkalam, Aramada post, Thiruvananthapuram, Kerala - 695 001, (KL 35-E-1710 Proprietor of Travels Bus)
2.M/s.United India Insurance Company Ltd.,
Through its Branch Manager, Puthussery Complex, Government Hospital Junction, Aluva, Ernakulam,Kerala, Aluva - 683 101
3.M.Premalatha
W/o.Muthukumaran, No.3/24, Akrakarapatti, Nakkalouthu Pachayat, Nilakottai Taluk, Dindigul District - 624 208.
4.M/s.The Oriental Insurance Company Ltd.,
Through its Branch Manager, No.42, PRP Complex, Second Floor, Door No.20, Main Road, Andipatti, Theni Dt. - 625 512
... Respondents
This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant Mr.C.Rathnavel Pandian and the counsel for the respondents Mr.G.Prabhu Rajadurai 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
Already the Tribunal has passed an award of Rs.6,88,864/- with 7.5% interest. After due deliberation, both the parties have agreed for settlement of Rs.8,26,864/- along with interest at the rate of 7.5% p.a. from the date of filing of the claim petition till the date of deposit. https://www.mhc.tn.gov.in/judis
The second respondent is directed to deposit the enhanced award amount of Rs.8,26,864/- with accrued interest and costs to the credit of M.C.O.P.No.437 of 2021 on the file of the Chief Judicial Magistrate, Madurai, within a period of eight (8) weeks from the date of receipt of a copy of this order, less the amount, if any already deposited. The claimant is permitted to withdraw the enhanced award amount, less the amount, if any already withdrawn, by filing appropriate application before the Tribunal.
K. Muthukumaran
S/o.Karuppaiah
Counsel for the Appellant
1.A.ANILKUMAR S/o.V.Appukuttan Nair.
2.M/s.United India Insurance Company Ltd., Through its Branch Manager.
3.M.Premalatha W/o.Muthukumaran.
4.M/s.The Oriental Insurance Company Ltd., Through its Branch Manager.
Counsel for the Respondents
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 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 APD PA To The Hon'ble Judges
2 provisions across 2 enactments
K. Muthukumaran
A.Anilkumar
M/s.United India Insurance Company Ltd.
M.Premalatha
M/s.The Oriental Insurance Company Ltd.
R. Kalaimathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
