Allowed
United India Insurance Company Ltd. v. Sree Latha
Madras HCCMA(MD)/382/2024
Case brief
from the order text
What is this about?
SERVICES COMMITTE, MADURAI Madurai Bench of…
What the court decided
AI extract
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 March 2025 NATIONAL LOK ADALAT AWARD
(Chapter VI and u/s 21 or Legal Services Authorities Act, 1987)
Presided Over by The Honourable Mr Justice P.B. BALAJI
and
Members Mr.John R.D.Santhosam, District Judge(Retired) Mr,A.Haja Mohideen , Advocate
CMA(MD) No.382 of 2024
(Appeal against the judgment and decree passed on 14/08/2023 in MCOP.110/2014 on the file of the SUB JUDGE, KUZHITHURAI.)
United India Insurance Company Ltd Rep. by its Branch Manager, Marthandam Branch, 3/33B, PPK Building, Main Road, Marthandam Post, Nalloor Post, Vilavancode Taluk, Kanyakumari District.
... Appellant/s
Versus
Sree Latha W/o. Asokan, A.S.Akshaya (Minor) D/o. Asokan, Panchaly A.S.Athithya (Minor) S/o. Asokan (Minor Respondents 2 and 3 Represented by natural Guardian Respondent No.1) Panchaly W/o. Late. Nagappan,
All are residing at Chekkadivilai, Amsi, Thengapattanam Post, Painkulam Village, Vilavancode Taluk, Kanyakumari District.
Rajesh (Driver)
S/o. Selvaraj, Oruvilai, Amsi, Thengapattanam Post, Painkulam Village, Vilavancode Taluk, Kanyakumari District. Mahesh (Owner) S/o. Thulasi, No.13/112, Kottapallivilai, Parthibapuram, Puthukadai Post, Vilavancode Taluk, Kanyakumari District.
... Respondent/s
This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant Mr.M.Arjun Varman and the counsel for the respondents M/s.R.Brindha 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 represented by Mr.R.Paneer Selvam along with the respondents' counsel and also the wife of the deceased / first respondent are present before this Court.
The appellant has preferred the appeal challenging the award of the Tribunal in M.C.O.P.No.110 of 2014 .
After holding discussion between the parties, the compensation of award under the head of loss of income is mutually agreed to be fixed at Rs.23,62,584/- (Rupees Twenty Three Lakhs Sixty Two Thousand Five Hundred and Eighty Four only) instead of Rs.31,50,000/- made in M.C.O.P.No.110 of 2024. In all other aspects, the award of the Tribunal is confirmed.
The modified award amount shall be deposited within a period of eight weeks from the date of receipt of a copy of this order by deducting the amount already deposited.
United India Insurance Company Ltd
Rep. by its Branch Manager, Marthandam Branch, 3/33B, PPK Building, Main Road, Marthandam Post, Nalloor Post, Vilavancode Taluk, Kanyakumari District.
Counsel for the Appellant
Sree Latha for herself and on behalf of the minors.
Counsel for the 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 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
PA To The Hon'ble Judges
1 issue framed by the court
Whether the compensation awarded by the Tribunal under the Motor Claims Ombudsman scheme requires modification upon settlement between parties before Lok Adalat.
2 provisions across 2 enactments
United India Insurance Company Ltd
Sree Latha W/o. Asokan
A.S.Akshaya (Minor) D/o. Asokan
Panchaly A.S.Athithya (Minor) S/o. Asokan
P.B. Balaji
John R.D. Santhosam
A.Haja Mohideen
As recorded by the court registry
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