M/s.United India Insurance Company Vs Karthiga — Madras HC (2025) — LawSathi Research

M/s.United India Insurance Company Vs Karthiga — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Appeal disposed by Lok Adalat award recording consent settlement: insurer to pay Rs.95,23,000/- with 7.5% interest per annum from the date of petition in MCOP.No.23 of 2019, deposited within six weeks less amounts already deposited; distributed as Rs.59,23,000/- (R1), Rs.27,00,000/- (R2) and Rs.9,00,000/- (R3) with proportionate interest, withdrawable on application before the Tribunal; connected miscellaneous petition closed; full court fee refunded to the appellant.

Issue for consideration

Quantum of compensation payable under the Tribunal's award in MCOP.No.23 of 2019, as challenged by the insurer's appeal, and its distribution among the claimants.

Court's answer

The parties arrived at a settlement for a sum of Rs.95,23,000/- with interest at 7.5% per annum from the date of petition in MCOP.No.23 of 2019 (Sub Judge, Arupukottai); the settlement is recorded.

Ratio / Principle

The appellant/Insurance Company is directed to deposit the settled amount within six weeks, less the amount already deposited, if any.

Key takeaways

From the award amount, the first respondent is entitled to withdraw Rs.59,23,000/- with proportionate interest.ratio¶35
The second respondent is entitled to withdraw Rs.27,00,000/- and the third respondent Rs.9,00,000/-, each with proportionate interest; the respondents are permitted to withdraw their entire share amounts by filing appropriate applications before the Tribunal; consequently, the connected miscellaneous petition is closed.ratio¶35

Detailed headnote1 paragraphs

National Lok Adalat Award (Chapter VI and Section 21, Legal Services Authorities Act, 1987), dated 14.06.2025: In CMA(MD) No.677 of 2024 (United India Insurance Company v. Karthiga and others), an insurer's appeal against the award dated 11/04/2023 of the Sub Judge, Aruppukottai in MCOP.No.23 of 2019 was settled with the consent of both parties. Settlement recorded for Rs.95,23,000/- with interest at 7.5% per annum from the date of the claim petition; insurer directed to deposit within six weeks less amounts already deposited; distribution among claimants fixed at Rs.59,23,000/- (first respondent), Rs.27,00,000/- (second respondent) and Rs.9,00,000/- (third respondent) with proportionate interest, withdrawable on appropriate application before the Tribunal; connected miscellaneous petition closed; full court fee ordered refunded under Section 69-A, Tamilnadu Court Fees and Suits Valuation Act, 1955 and the Court Fees Act, 1870, per sub-Sec.1 of Section 21 r/w 25, LSA Act 1987 (as amended in 1994).

HIGH COURT LEGAL SERVICES COMMITTEE, 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 of Legal Services Authorities Act, 1987)

Presided Over by

The Honourable Mr Justice K.K. RAMAKRISHNAN

and

Members

Mr.A.Subramanian, District Judge (Rtd), Mr.S.Suresh Kumar Isaac Paul, Advocate

CMA(MD) No.677 of 2024

(Appeal against the judgment and decree passed on 11/04/2023 in MCOP.23/2019 on the file of the SUB JUDGE,ARUPUKKOTTAI)

M/s.United India Insurance Company

Through its Branch Manager, Having its Office, at Door No.24, Whites Road, Chennai, Chennai District.

.. Appellant

Versus

1. Karthiga

W/o.Late.Manimaran, Door No.47/1, Rettaipeeda Mariamman Koil Street, Chokkalingapuram, Aruppukottai taluk, Viudhunagar District.

2. Vithiyashree

D/o.late. Manimaran, D.No.47/1, Rettaipeeda Mariamman Koil Street, Chokkalingapuram, Aruppukkottai Taluk, Virudhunagar District.

Rajeswari(Died)

W/o.Natarajan, old Door NO.11/2, New Door No.16, V.O.C.Nagar, 2^nd Street, Anna Nagar East, Chennai, Chennai District.

3. Natarajan,

S/o.Kariveeran, old Door NO.11/2,

New Door No.16, V.O.C.Nagar, 2^nd Street, Anna Nagar East, Chennai, Chennai District.

4. Padmini

W/o.Perumal, D.No.74, 3rd Street, D.S.P. Nagar, Byepass Road, Madurai, Madurai District. (petition is amended as per order in I.A.No.1/22 dated 29.07.2022)

... Respondents

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s Mr.C.Jawahar Ravindran and the learned Counsel for the respondents Mr.K.Appadurai - R1 to R3 are present. After mutual discussion, negotiation, mediation and conciliation between both parties and with the assistance of the Bench, both sides consented for settlement.

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AWARD

The appellant/Insurance Company has filed the above appeal challenging the award passed by the Tribunal. Now, the parties have arrived at a settlement for a sum of Rs. 95,23,000/- (Rupees Ninety Five Lakhs and Twenty Three Thousand only) with interest at the rate of 7.5% per annum, from the date of petition in MCOP.No.23 of 2019 on the file of the Sub Judge, Arupukottai. The same is recorded.

The appellant/Insurance Company is directed to deposit the said amount within a period of six weeks from today, less the amount already deposited, if any.

From the award amount, the first respondent is entitled to withdraw a sum of Rs.59,23,000/- (Rupees Fifty Nine Lakhs and Twenty Three Thousand Only) with proportionate interest and the second respondent is entitled to withdraw a sum of Rs.27,00,000/- (Rupees Twenty Seven Lakhs Only) with proportionate interest and the third respondent is entitled to withdraw a sum of Rs.9,00,000/- (Rupees Nine Lakhs Only) with proportionate interest. The respondents are permitted to withdraw their entire share amount by filing appropriate application before the Tribunal. Consequently, connected miscellaneous petition is closed.

M/s.United India Insurance Company

Through its Branch Manager, Having its Office, at Door No.24, Whites Road, Chennai, Chennai District.

Counsel for the Appellant

Karthiga W/o.Late.Manimaran, 2. Vithiyashree D/o.late. Manimaran, Rajeswari(Died) W/o.Natarajan, 3. Natarajan, S/o.Kariveeran,

Counsel for the Respondent Nos.1 to 3

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.

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The Original of the award shall be placed 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 conditions and accordingly, the award is passed.

JUDGE

MEMBER

MEMBER

To: The Parties/Advocate concerned Copy To

THE SUB JUDGE,ARUPUKKOTTAI.

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 DSS/GVN PA To The Hon'ble Judges

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