Madras High Court
Branch Manager vs Krishnan on 9 February, 2021
1
HIGH COURT LEGAL SERVICES COMMITTEE, CHENNAI
Lok Adalat-I organised by the High Court Legal Services Committee
Friday, 19th day of November 2021
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
Member
Mrs.Hemalatha Daniel
C.M.A. 1985 of 2021
(Appeal against the judgment and decree dated 09.02.2021 made in
M.C.O.P.No.339 of 2017 on the file of the Additional Motor Accidents Claims
Tribunal , Puducherry).
Branch Manager,
Shriram General Insurance Co.Ltd.
No.27, 100 feet Road,
Puducherry. .. Appellant
Vs.
1. Krishnan
2. Vasantha
3. Senthil Kumar
4. Sabari
5. Easwari
6. Veeramani – ex-parte before the Tribunal .. Respondents
This case came up for settlement before the Lok Adalat. Both parties
are present. Mr.S.Dhakshnamoorthy, Counsel for the appellant and
Mr.M.Dinesh and Mr.S.Nagarajan, Counsel for R1 to R2 are present. After
mutual discussion, negotiation, mediation and conciliation between both
parties, they arrived at a compromise to settle the matter as follows:
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TERMS OF SETTLEMENT
The Tribunal has awarded a sum of Rs.47,32,400/- with interest at
5.5% per annum from the date of petition till the date of deposit and costs
as compensation in favour of R1 and R2 only. Aggrieved by the award of
the Tribunal, the appellant / Insurance Company had preferred the present
appeal. The appellant / Insurance Company official reported that they had
already deposited the entire award amount before the Tribunal.
2. After due deliberation and consultation, both the parties have
agreed to modify the award to a sum of Rs.50,00,000/- (Rupees Fifty Lakhs
only) in full quit as compensation.
3. Out of the deposited amount, the first and second respondents /
claimants are permitted to withdraw the modified award amount equally
without filing any formal petition before the Tribunal. After satisfaction of
the decree, if balance is available with the Tribunal, it shall be refunded to
the appellant / Insurance Company. Award is passed accordingly.
4. The Tribunal is directed to transfer the amount through RTGS/NEFT
to the parties concerned on proper identification in accordance with the terms of
the award, without insisting on any formal permission petition. The Civil
https://www.mhc.tn.gov.in/judis
Miscellaneous Appeal is disposed of accordingly. The connected miscellaneous
petition is closed, if any.
Branch Manager,
Shriram General Insurance Co.Ltd.
No.27, 100 feet Road,
Puducherry. Counsel for the Appellant
1. Krishnan
2. Vasantha Counsel for the respondents
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 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
https://www.mhc.tn.gov.in/judis
MALAISUBRAMANIAN, J. (Retd.)
adl
To:The parties/Advocate concerned
Copy to:
1.The Motor Accidents Claims Tribunal , Puducherry.
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.+2 copies
C.M.A. 1985 of 2021
19.11.2021
https://www.mhc.tn.gov.in/judis
