A Lok Adalat award passed under Section 21 of the Legal Services Authorities Act, 1987, settling a motor accident claims appeal. The insurance company agreed to deposit Rs. 8,60,000, and each of the four claimants was entitled to receive Rs. 2,15,000.
Award passed: Insurance company deposited Rs. 8,60,000; each of the four claimants received Rs. 2,15,000.
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 9th day of March 2024 NATIONAL LOK ADALAT AWARD
(Chapter VI and u/s 21 or Legal Services Authorities Act, 1987)
Presided Over by The Honourable Mr Justice K.K. RAMAKRISHNAN
and
Members Mr.G.P.Elango, District Judge(Retired) , Mr.P.Ganapathi Subramanian, Advocate
CMA(MD)No.308 of 2023
(Appeal against the judgment and decree passed on 09.11.2022 in MCOP. 85/2022 on the file of the Motor Accident Claims Tribunal/Additional District Judge, Ramanathapuram)
The Legal Manager, TATA AIG General Insurance Company Ltd., North Block, 3rd Floor, A.A.Tower, By Pass Road, Madurai. ... Appellant
Versus
1.Saradha, W/o.Susairaj 2.Meenakshi, W/o.Arockiam. 3.Rubi, W/o.Gnanaoli 4.Malaikannan, S/o.Santhiyagu : Respondents 1 to 4/Petitioners 5.Clasys : 5th Respondent/ 1st Respondent
This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant Mr.V.Sakthivel and the counsel for the respondents Mr.C.Muthu Saravanan are present. After mutual https://www.mhc.tn.gov.in/judis discussion, negotiation, mediation and conciliation between both parties and with the assistance of the Bench, both sides consented for settlement.
AWARD
Both the parties are present along with their respective counsels. As per settlement arrived between the parties, the appellant agreed to deposit a sum of Rs.8,60,000/- as full quit. The claimants/respondents 1 to 4 are also agreed to receive Rs.2,15,000/- for each.
2.In view of the above, the insurance company is permitted to withdraw the remaining amount, less than Rs.8,60,000/-, The claimants/respondents 1 to 4 are permitted to withdraw the amount of Rs. 2,15,000/- (Rupees Two Lakhs Fifteen Thousand only) each by filing necessary application before the Tribunal.
The Legal Manager, TATA AIG General Insurance Company Ltd., North Block, 3rd Floor, A.A.Tower, By Pass Road, Madurai.
Counsel for the Appellant
1.Saratha, W/o.Susairaj
2.Meenakshi, W/o.Arockiam.
3.Rubi, W/o.Gnanaoli
4.Malaikannan, S/o.Santhiyagu
Counsel for the first Respondent
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 https://www.mhc.tn.gov.in/judis sub Sec.1 of Section 21 r/w 25 of LSA Act 1987 as amended in1994.
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
jbr
1 issue framed by the court
Whether the parties can settle the motor accident claim appeal through Lok Adalat?
3 provisions across 2 enactments
The Legal Manager, TATA AIG General Insurance Company Ltd.
Saradha, W/o.Susairaj
Meenakshi, W/o.Arockiam
Rubi, W/o.Gnanaoli
Malaikannan, S/o.Santhiyagu
K.K. RAMAKRISHNAN
G.P. Elango
P. Ganapathi Subramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
