The Branch Manager Vs Baskar — Madras HC (2025) — LawSathi Research

The Branch Manager Vs Baskar — Madras HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Consensual Lok Adalat settlement recorded as award: claim petitioner to receive Rs.11,30,000/- towards full quit; Rs.25,000/- already deposited by the insurer, balance payable within 8 weeks and withdrawable without any petition before the Tribunal; full court fee refunded to the appellant under Section 69-A, Tamilnadu Court Fees and Suits Valuation Act, 1955 and the Court Fees Act, 1870 via Section 21(1) r/w 25, LSA Act, 1987.

Issue for consideration

What lump-sum settlement amount is payable by the appellant-insurer to the claim petitioner towards full quit? +2 more

Court's answer

By consent, the claim petitioner is to receive Rs.11,30,000/- (Rupees eleven lakhs and thirty thousand only) towards full quit.

Ratio / Principle

The appellant/insurance company has already deposited Rs.25,000/- and shall deposit the remaining amount within 8 weeks from the date of the award.

Key takeaways

On such deposit, the claimant is entitled to withdraw the amount without filing any petition before the Tribunal.ratio¶¶22
The award is passed in terms of the settlement, and the full court fee paid is refundable to the appellant under Section 69-A of the Tamilnadu Court Fees and Suits Valuation Act, 1955 and the Court Fees Act, 1870, as provided under sub-Sec.(1) of Section 21 r/w 25 of the LSA Act, 1987 (1994 amendment).ratio¶¶29

Detailed headnote1 paragraphs

National Lok Adalat Award dated 14.06.2025, passed by the High Court Legal Services Committee, Madurai Bench of Madras High Court, presided over by Justice R.VIJAYAKUMAR with Member G.P.Elango (retired District Judge) and Member R.Venkatesan (Advocate). The award disposes of CMP(MD) No.18809 of 2024 in CMA(MD)SR.No.33677 of 2024 — an appeal filed with a delay of 448 days by the second respondent in the claim petition, the Branch Manager, Shri Ram General Insurance Co., Ltd., against the judgment and decree dated 16.03.2022 in MCOP.316 of 2020 of the Motor Accident Claims Tribunal, Special Subordinate Judge, Thanjavur. With both parties consenting after negotiation and conciliation, the claim petitioner agreed to accept Rs.11,30,000/- towards full quit; the insurer had already deposited Rs.25,000/- and was to deposit the balance within eight weeks, withdrawable by the claimant without filing any petition before the Tribunal. The full court fee paid was ordered to be refunded to the appellant under Section 69-A of the Tamilnadu Court Fees and Suits Valuation Act, 1955 and the Court Fees Act, 1870, as provided under sub-Sec.(1) of Section 21 r/w 25 of the Legal Services Authorities Act, 1987 (1994 amendment).

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

CMP(MD) No.18809 of 2024 in CMA(MD)SR.No.33677 of 2024

(Appeal against the judgment and decree passed on 16.03.2022 in MCOP.316 of 2020 on the file of the Motor Accident Claims Tribunal, special Subordinate Judge, Thanjavur)

THE BRANCH MANAGER SHRI RAM GENERAL INSURANCE CO.,LTD., NO.15/B, SOUTH STREET, THANJAVUR TOWN AND DISTRICT

... Appellant/s

Versus

1.BASKAR S/O.GANESHAN

2.HAJA BAGURUTHIN S/O.SALEEM MARAKKAYAR

... Respondent/s

This case came up for settlement before the Lok Adalat. Both the parties present. The counsel for the appellant/s Ms.B.Velunatchiyar, for M/s.N.Shyllappakalyan and the counsel for the respondent/s Mr.K.Gokul for R1 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 second respondent in the claim petition has filed the present appeal with delay of 448 days. The parties have agreed for settling the matter on the following grounds.

a)The claim petitioner agrees to receive a sum of Rs.11,30,000/-(Rupees eleven lakhs and thirty thousand only) towards full quit.

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

b)The appellant/insurance company has already deposited a sum of Rs.25,000/-. The remaining amount shall be deposited by the Insurance Company within a period of 8 weeks from today. On such deposit, the claimant shall be entitled to withdraw the said amount without filing any petition before the Tribunal.

THE BRANCH MANAGER SHRI RAM GENERAL INSURANCE CO.,LTD., NO.15/B, SOUTH STREET, THANJAVUR TOWN AND DISTRICT

Counsel for the Appellant/s

1.BASKAR S/O.GANESHAN

2.HAJA BAGURUTHIN S/O.SALEEM MARAKKAYAR

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

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

To: The Parties/Advocate concerned

Copy To

The Special Subordinate Judge, Thanjavur.

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 M.Sujatha PA To The Hon'ble Judges

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