The Branch Manager Vs S.jansi Priyadharshini — Madras HC (2025) — LawSathi Research

The Branch Manager Vs S.jansi Priyadharshini — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed by consent Lok Adalat award: claimants to receive Rs.55,00,000/- as full quit (Rs.30,00,000/- to 1st claimant; Rs.20,00,000/- to minor 2nd claimant to be bank-deposited till majority; Rs.2,50,000/- each to 3rd and 4th claimants); balance of the deposit refunded to the appellant Insurance Company with accrued interest; full court fee refunded to the appellant.

Issue for consideration

Whether the appellant Insurance Company is liable, and what quantum of compensation is payable, in respect of the Tribunal's award of Rs.47,45,000/- in MCOP.No.17 of 2020 (resolved by consent settlement before the Lok Adalat).

Court's answer

By mutual settlement before the Lok Adalat, the claimants agreed to receive Rs.55,00,000/- (Rupees Fifty Five Lakhs Only) as full quit in full and final settlement of the appeal.

Ratio / Principle

Out of the settlement amount, the 1st claimant is entitled to withdraw Rs.30,00,000/- (Rupees Thirty Lakhs Only).

Key takeaways

The 2nd claimant (minor daughter) is entitled to Rs.20,00,000/- (Rupees Twenty Lakhs Only).ratio¶28
The 3rd and 4th claimants are each entitled to withdraw Rs.2,50,000/- (Rupees Two Lakhs and Fifty Thousand only).ratio¶28
The minor claimant's amount of Rs.20,00,000/- is ordered to be deposited in any one of the nationalised banks till she attains majority; per the same paragraph, its accrued interest is to be withdrawn once in six months directly from the bank by the mother/natural guardian (1st respondent).ratio

Detailed headnote1 paragraphs

National Lok Adalat award (dated 14.06.2025), Madurai Bench of Madras High Court, in CMA(MD) No.1596 of 2024 — appeal by the Branch Manager, Shriram General Insurance Co. Ltd. against the judgment and decree dated 22.08.2024 of the Sub Judge, Uthamapalayam in MCOP.No.17 of 2020, whereby Rs.47,45,000/- with accrued interest was awarded to the claimants. Pursuant to settlement under Chapter VI / Section 21, Legal Services Authorities Act, 1987, the claimants consented to accept Rs.55,00,000/- as full quit: Rs.30,00,000/- to the 1st claimant; Rs.20,00,000/- to the minor 2nd claimant, ordered to be deposited in a nationalised bank till her majority with accrued interest drawable half-yearly by the mother/natural guardian (1st respondent); and Rs.2,50,000/- each to the 3rd and 4th claimants. Non-minor claimants may withdraw their shares with accrued interest and costs without any petition before the Tribunal; the balance of the Rs.63,57,497/- deposited by the Insurance Company is to be refunded to it with accrued interest. Full court fee to be refunded to the appellant under Section 69-A, Tamilnadu Court Fees and Suits Valuation Act, 1955 and the Court Fees Act, 1870, per Section 21(1) r/w 25, LSA Act, 1987. Consent award — no adjudication on liability or quantum.

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

Saturday the 14th day of June 2025 NATIONAL LOK ADALAT AWARD

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

Presided Over by The Honourable Mr Justice R.VIJAYAKUMAR

and

Members

Mr.P.Elango District Judge(Retired) , Mr.R.VenkatesanAdvocate

CMA(MD) No.1596 of 2024

(Appeal against the judgment and decree passed on 22/08/2024 in MCOP.17/2020 on the file of the SUB JUDGE, UTHAMAPALAYAM)

The Branch Manager Shriram General Insurance Co ltd., E-8, RIICO industrial Area, Sitapura, Jaipur - 302022. Rajasthan.

... Appellant/s

Versus

S.jansi Priyadharshini 2. Minor.G.Lakshitha Gopika, (Rep. Through her mother and Gaurdian 1^st respondent) R1 and R2 are residing at, Door No.3-6/14, Roman Koil Street, Uthamapalayam Town, Theni District.

R.Dhanapackiyam

A.Raja

(R3 and R4 are residing at, Gurusaradi Koil Street, Vadakarai, Periyakulam, Theni District

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

Now residing at Rajendra Nagar, Government Primary Health Centre Quarters, Andipatti Taluk, Theni District)

A.Arockiyaraj

Selvam

... Respondent/s

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s Mr.R.Ramadurai and the counsel for the respondent/s Mr.S.Thirupathy for R6 and Mr.J.Thomas Rajadurai for R1 to R4 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

The Insurance Company has filed the present appeal challenging the liability and

quantum. The learned Tribunal by its order dated 22.08.2024 in MCOP.No.17 of 2020 has awarded a sum of Rs.47,45,000/- (Rupees Forty Seven Lakhs and Forty Five Thousand Only) along with accrued interest of the value of the appeal of Rs.62,44,550/- (Rupees Sixty Two Lakhs Forty Four Thousand Only) .

Now it has been agreed by both the parties. The Insurance Company has already deposited a sum of Rs.63,57,497/- (Rupees Sixty Three Lakhs Fifty Seven Thousand Four Hundred and Ninety Seven Only). The claimants have agreed to receive a sum of Rs. 55,00,000/- (Rupees Fifty Five Lakhs Only) as full quit. Out of which, the 1^st claimant shall be entitled to withdraw a sum of Rs.30,00,000/- (Rupees Thirty Lakhs Only) and the 2^nd

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

claimant (minor daughter) shall be entitled to a sum of Rs.20,00,000/- (Rupees Twenty Lakhs Only) and the 3^rd and 4^th claimants shall be entitled to withdraw a sum of Rs.2,50,000/each (Rupees Two Lakhs and Fifty Thousand only).

The claimants shall be entitled (except minor claimant) to withdraw their respective shares along with accrued interest and cost without filing any petition before the Tribunal. As far as the 2^nd claimant (minor daughter) is concerned, the said amount of Rs.20,00,000/(Rupees Twenty Lakhs Only) is ordered to be deposited by any one of the Nationalised Bank, till she attains majority. The accrued interest of the minor deposited shall be withdrawn by the mother/natural guardian namely, the 1^st respondent herein once in six months directly from the bank. The balance amount shall be refunded to the appellant Insurance Company along with accrued interest.

The Branch Manager Shriram General Insurance Co ltd., E-8, RIICO industrial Area, Sitapura, Jaipur - 302022. Rajasthan.

Counsel for the Appellant/s

S.jansi Priyadharshini

Minor.G.Lakshitha Gopika,

(Rep. Through her mother and Gaurdian 1^st respondent) R1 and R2 are residing at,

Door No.3-6/14, Roman Koil Street, Uthamapalayam Town, Theni District.

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

R.Dhanapackiyam

A.Raja (R3 and R4 are residing at,

Gurusaradi Koil Street, Vadakarai, Periyakulam, Theni District Now residing at Rajendra Nagar, Government Primary Health Centre Quarters, Andipatti Taluk, Theni District)

A.Arockiyaraj

Selvam

Counsel for the Respondent/s

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

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

The SUB JUDGE, UTHAMAPALAYAM.

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

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

Typed By rgm/msa

PA To The Hon'ble Judges

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