Shri Ram General Insurance Company Ltd. Vs Parameshwari

(Appeal against the judgment and decree passed on 20.02.2023 in MCOP.777 of 2019 on the file of the Motor Accident Claims Tribunal, Special District Court for MCOP Cases, Trichy)

¶11

THE MANAGER SHRI RAM GENERAL INSURANCE CO.,LTD., C-142, 1^st Floor, Jeyasri Towers, 6^th Street, Thilai Nagar, Trichy.

¶12

... Appellant/s Versus 1.Parameswari W/O.Late.Sekar

¶13

2.Dinesh Kumar S/O.Late. Sekar 3.Manikandan S/o.Late. Sekar 4.Sasi Kumar S/o.Sangapillai 5.Dharmaraj 6.Pushpam W/o.Egambaram

¶14

... Respondent/s

¶15

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s Mr.N.Shyllappa Kalyan, and the counsel for the respondent/s Mr.J.Madhu for 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.

¶16

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

¶17

AWARD

¶18

The Insurance Company has filed the present appeal challenging the liability and quantum of the award.

¶19

2.The parties have agreed that the rate of interest shall be modified from 24% to 7.5% from

¶20

18.07.2019 onwards. The rest of the award stands confirmed.

¶21

3.The appellant/Insurance Company stated that already deposited a sum of Rs.9,98,654/- together

¶22

with interest 7.5% and cost awarded by the Tribunal. Now, the Insurance Company agrees to deposit the balance amount of Rs.7,43,125/- along with 7.5% interest from 18.07.2019 to 12.06.2025, within a period of four weeks from the date of receipt of a copy of this order. On such deposit, the claimants shall be entitled to withdraw their respective share as apportioned by the Tribunal along with the accrued interest.

¶23

4.With the above modification, this civil miscellaneous appeal is partly allowed. Consequently, the

¶24

connected miscellaneous petition is closed.

¶25

THE MANAGER SHRI RAM GENERAL INSURANCE CO.,LTD., C-142, 1^st Floor, Jeyasri Towers, 6^th Street, Thilai Nagar, Trichy.

¶26

Counsel for the Appellant/s

¶27

1.Parameswari W/O.Late.Sekar

¶28

2.Dinesh Kumar S/O.Late. Sekar

¶29

3.Manikandan S/o.Late. Sekar

¶30

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

¶31

4.Sasi Kumar S/o.Sangapillai

¶32

5.Dharmaraj

¶33

6.Pushpam W/o.Egambaram

¶34

Counsel for the Respondent/s

¶35

This Lok Adalat award is passed in terms of the above settlement.

¶36

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.

¶37

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.

¶38

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

¶43

Copy To

¶44