Disposed

The Branch Manager, v. Shanmuga Rajesh

Madras HC8 Mar 2025CMA(MD)/930/2024

Case brief

AI extract

What is this about?

Insurance company's appeal against a motor accident claims tribunal award was settled before a National Lok Adalat. Both sides agreed to modify the compensation to Rs.1,10,00,000 towards full quit; the appellant was directed to deposit the balance within six weeks, with refund of court fee.

What did the court decide?

Settlement at Rs.1,10,00,000; appellant to deposit remaining Rs.1,09,75,000 within six weeks for equal withdrawal by claimants; court fee refundable to appellant.

The Branch Manager, Vs Shanmuga Rajesh — Motor Accident Claims | Madras HC (2025)

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HIGH COURT LEGAL SERVICES COMMITTE, MADURAI

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Madurai Bench of Madras High Court, Madurai - 625023

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Saturday the 8th day of March 2025 NATIONAL LOK ADALAT AWARD

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

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Presided Over by The Honourable Mr.Justice M.JOTHIRAMAN

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and

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Members

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Mr.S.Udhayan,District Judge(Retired) , Mrs.C.Jeya Indira Patel, Advocate

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CMA(MD) No.930 of 2024

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(Appeal against the judgment and decree passed on 23/03/2023 in MCOP.290/2019 on the file of the Motor Accident Claims Tribunal/ ADDITIONAL DISTRICT COURT, SRIVILLIPUTTUR) The Branch Manager, New India Assurance Company Limited, Door no.105/1, 1st Floor, Madurai Road, Virudhunagar, Virudhunagar District. ... Appellant Versus 1. Shanmuga Rajesh 2. Minor Karthickumar 3. Bharathiraja 4. Chandramohan

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(The 2nd minor petitioner is represented through his brother and natural guardian 1^st petitioner)

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... Respondents

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This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant Mr.V.Sakthivel and the counsel for the respondents M/s.Sangararamasubramaian and K.Muthukumarasamy 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

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Aggrieved by the award passed by the Tribunal, the Appellant/Insurance Company has filed the present https://www.mhc.tn.gov.in/judis

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appeal.

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After due delibrations, both the parties have agreed into compromise and agreed to modify the amount to a sum of Rs.1,10,00,000/-(Rupees One Crore Ten Lakhs Only) towards full quit. The appellant has already deposited a sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) before the Tribunal. The appellant is directed to deposit the remaining amount of Rs.1,09,75,000/-(Rupees One Crore Nine Lakhs and Seventy Five Thousand Only) within a period of Six weeks from the date of the Order. On such deposit being made, the claimants are entitled to withdraw the amount, equally, by filing formal application before the Tribunal.

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The Branch Manager, New India Assurance Company Limited, Door no.105/1, 1st Floor, Madurai Road, Virudhunagar, Virudhunagar District.

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Counsel for the Appellant

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Shanmuga Rajesh S/o.Chandramohan, Door no.5/761, A-3, Panchayat Union Colony, Abdulkalam Nagar, Chathira Reddiyapatti, Virudhunagar Post, Virudhunagar District.

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Minor Karthickumar S/o.Chandramohan, Door no.5/761, A-3, Panchayat Union Colony, Abdulkalam Nagar, Chathira Reddiyapatti, Virudhunagar Post, Virudhunagar District. (The 2nd minor petitioner is represented through his brother and natural guardian 1st petitioner)

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Counsel for the Respondent/s

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

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

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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 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.

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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

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Copy To

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The Motor Accident Claims Tribunal/ADDITIONAL DISTRICT COURT,VIRUDHUNAGAR. 2. The Officer-in-Charge, High Court Legal Services Committee, Madurai.

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

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Typed By SUBATHRA PA To The Hon'ble Judges

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

The Branch Manager, v. Shanmuga Rajesh

Case brief

What is this about?

What did the court decide?

The Branch Manager, v. Shanmuga Rajesh

Case brief

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What did the court decide?

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