Madras High Court
(Sessions Judge) vs Mani (Died) on 11 December, 2021
1
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI
Lok Adalat-I organised by the High Court Legal Services Committee
Friday, the 11th day of February, 2022
LOK ADALAT AWARD
(Chapter VI and u/s 21 of Legal Services Authorities Act, 1987)
Presided over by
The Hon'ble Mr.JUSTICE MALAISUBRAMANIAN (Retd.)
and
Members
1. Mr.G.Dharmaraj
2. Mr.R.Karunakaran
C.M.A.No.1870 of 2020
(Appeal against the Judgment and decree passed on 22.01.2020 made
in M.C.O.P.No.93 of 2019 on the file of the Motor Accident Claims Tribunal
(Sessions Judge), Perambalur.
The Manager
New India Assurance Co. Ltd.
Central Co-operative Bank Opposite
Trichy. .. Appellants / II Respondent
Vs.
1. Mani (died)
2. Muthulakshmi
3. Musthafa
[3rd respondent set exparte in the lower
Court. Hence notice to him is dispensed with)
.. Respondents/Respondents
On representation of the learned counsel for the claimants, this case is
taken up for settlement before the Lok Adalat. R.Sivakumar, learned counsel
for the appellant and Mrs. Ramya V.Rao, learned counsel for the first and
second respondents are present. After mutual discussion, negotiation,
mediation and conciliation between both parties, they arrived at a
compromise to settle the matter as follows:
` TERMS OF SETTLEMENT
The Tribunal has awarded a sum of Rs.24,49,200/-with interest at
7.5% per annum from the date of petition till the date of deposit with
https://www.mhc.tn.gov.in/judis
proportionate costs as compensation. It is represented by the Insurance
Company that they have deposited the entire award amount with interest
before the Tribunal under protest and the claimants are yet to withdraw the
tribunal award amount.
2. Aggrieved over the award of the Tribunal, the appellants / Insurance
company has preferred the present appeal on quantum. Now, both the
parties have agreed to modify the award amount from Rs.24,49,200/- to a
sum of Rs.20,50,000/- (Twenty Lakhs Fifty Thousand only) with interest at
the rate of 7.5% per annum with cost.
3. It is reported that first claimant, viz., Thiru. Mani is no more and the
second respondent, who is the wife of the first respondent claimant alone is
present.
4. The second respondent is entitled to receive the settled award
amount of Rs.20,50,000/- with interest at the rate of 7.5% per annum with
cost. The balance amount shall be refunded to the appellant.
5. In view of that, the Civil Miscellaneous Appeal is disposed of
accordingly.
The Manager
New India Assurance Co. Ltd.
Central Cooperative Bank Opposite
Trichy. Counsel for Appellant
1.Mani (died)
2. Muthulakshmi
3. Musthafa
Counsel for 1st and 2nd Respondents
https://www.mhc.tn.gov.in/judis
This Lok Adalat award is passed in terms of the above settlement.
The Court fee paid shall be refunded to the appellant in the manner
provided under Section 69-A of the Tamil Nadu 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.
Judge
Member Member
To
The parties/Advocate concerned
Copy to:
1.The Motor Accident Claims Tribunal, Sessions Judge, Perambalur.
2.The Secretary, High Court Legal Services Committee, Chennai.
3.The Section Officer, V.R.Section, High Court, Madras.
4.The Section Officer, Lok Adalat Section, High Court, Madras.
Maya
https://www.mhc.tn.gov.in/judis
MALAISUBRAMANIAN, J.(Retd.)
Maya
C.M.A.No.1870 of 2020
Dated : 11.12.2021
https://www.mhc.tn.gov.in/judis
