Branch Manager Vs Jayanthi — Madras HC (2025) — LawSathi Research

Branch Manager Vs Jayanthi — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Consent-based Lok Adalat settlement of the appeal: claimants to receive Rs.22,60,000/- as full quit in lieu of the Tribunal award of Rs.30,10,000/-; claimants entitled to withdraw the entire award amount per respective share with accrued interest and cost; balance lying to Court credit refunded to appellant/Insurance Company with accrued interest and cost; Tribunal's pay-and-recovery award confirmed; full Court fee refunded to appellant per Section 69-A provisions under Section 21(1) r/w 25 LSA Act 1987.

Issue for consideration

Quantum of compensation: the appellant Insurance Company challenged the quantum of the Rs.30,10,000/- awarded by the Tribunal; how should this quantum dispute be resolved? +1 more

Court's answer

By consent reached in the Lok Adalat, the claimants agreed to receive a sum of Rs.22,60,000/- as full quit, settling the appeal brought by the Insurance Company against the Tribunal's quantum award of Rs.30,10,000/-.

Ratio / Principle

The claimants are entitled to withdraw the entire award amount as per their respective shares, together with accrued interest and cost.

Key takeaways

The balance amount lying to the credit of the Court shall be refunded to the appellant/Insurance Company along with accrued interest and cost.ratio¶23
The Tribunal's award with regard to pay and recovery stands confirmed despite the quantum settlement.ratio¶24
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, pursuant to sub-Sec.1 of Section 21 r/w 25 of the LSA Act 1987 as amended in 1994.ratio

Detailed headnote1 paragraphs

CMA(MD) No.790 of 2021 — National Lok Adalat Award, High Court Legal Services Committee, Madurai Bench of Madras High Court, 14-06-2025 (bench presided over by Hon'ble Justice R.VIJAYAKUMAR, with G.P.Elango, District Judge (Retired), and R.Venkatesan, Advocate, as members). Appeal filed by Branch Manager, The National Insurance Company Limited, Pudukkottai against the judgment and decree dated 27/09/2019 of the Mahila Court, Pudukkottai in MCOP.No.461/2017, challenging the quantum of the Rs.30,10,000/- compensation awarded to claimants Jayanthi (W/o late Rajmohan) and Mani Kandan (S/o late Rajmohan). Settled wholly by consent: claimants accepted Rs.22,60,000/- as full quit; claimants to withdraw the entire award amount per respective share with accrued interest and cost; balance in Court credit refunded to the insurer with accrued interest and cost; the Tribunal's pay-and-recovery award stands confirmed; full Court fee refundable to appellant under Section 69-A, Tamilnadu Court Fees and Suits Valuation Act, 1955 / Court Fees Act, 1870, per Section 21(1) r/w 25, Legal Services Authorities Act, 1987.

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.G.P.Elango, District Judge(Retired) , Mr.R.Venkatesan, Advocate

CMA(MD) No.790 of 2021

(Appeal against the judgment and decree passed on 27/09/2019 in MCOP.461/2017 on the file of the Mahila Court, Pudukkottai)

BRANCH MANAGER

THE NATIONAL INSURANCE COMPANY LIMITED., 4132, KEEZHA RAJA VEETHI, PUDUKOTTAI.

... Appellant/s

Versus

Jayanthi W/O. LATE RAJMOHAN.

Mani Kandan, S/O. LATE RAJMOHAN.

... Respondent/s

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s Mr.A.S.Mathialagan and the counsel for the respondent/s D.Ramesh Kumar for R1 and R2 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 quantum of the award amount, wherein the Motor Accident Claims Tribunal has awarded a sum of Rs.30,10,000/-.

2.The claimants have agreed to receive a sum of Rs.22,60,000/- as full quit.

3.The claimants shall be entitled to withdraw the entire award amount as per their respective share along with accrued interest and cost.

4.The balance amount lying with credit of the Court shall be refunded to the appellant/Insurance Company along with accrued interest and cost.

5.The award of the Tribunal with regard to pay and recovery stands confirmed.

BRANCH MANAGER

THE NATIONAL INSURANCE COMPANY LIMITED., 4132, KEEZHA RAJA VEETHI, PUDUKOTTAI.

Counsel for the Appellant/s

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

JAYANTHI W/O. LATE RAJMOHAN

ManiKANDAN, S/O. LATE RAJMOHAN

Counsel for the Respondent/s

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 Mahila Court, Pudukkottai.

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 L.ROHINI/M.Sujatha PA To The Hon'ble Judges

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